1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.1276 OF 2010 Shivkumar Chimanlal Sharma AGe : 65 years, Occ : Nil, R/o Sun and Sand Hotel Road, "Kasera", Near Hotel Sachivanand Shirdi, Tq.Rahata, District Ahmednagar. ..PETITIONER V/s 1. Shri.Saibaba Vishva Dharmalaya Trust Murtini Pole, Bala Hanuman Khadiya, Gandhi Road, Ahamadabad, 2. "Sai Kutir" Lodging, Shirdi, Tq. Rahata, District : Ahmednagar. ..RESPONDENT ......... Mr.M.G. Kolse Patil, Advocate for Petitioner. Mr.P.V.Tapse Patil, Advocate for respondent nos.1 and 2. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 7th May, 2010. ORAL JUDGMENT : 1. By this petition, the petitioner seeks modification of the order dated 6th December, 2008 passed by the learned Presiding Officer of Labour Court, Ahmednagar, on his application (IDA) No. 7/2007. 2. Rule. Rule made returnable forthwith. By consent of parties, the petition is taken up for final hearing and is being decided as such. 3. The petitioner alleged that he was employed by the 2 respondents as a clerk and was in service of the respondents from 1st February, 1995 till 30th September, 2006. He alleged that he has received consolidated pay of Rs.2000/- per month, though he was working as a clerk. He contended that the respondents were bound to follow the provisions of Minimum Wages Act, 1948. His grievance was that he was not paid the wages in accordance with the provisions of Minimum Wages Act, 1948. The respondent did not appear before the Labour Court, hence, exparte proceedings drawn against it. The Labour Court held that the petitioner is entitled to receive Rs.1,63,868.95 paise being difference in pay, encashment of leave etc as shown in the statement of account Exhibit-U-10. 4. The petitioner has filed this Writ Petition only for modification of order dated 6th December, 2008 on the ground that Labour Court did not award any interest on the amount which was payable to him. 5. Heard learned counsel. 6. The short question involved is whether, the petitioner was entitled to claim interest amount over the difference of pay and other amounts to which he was found entitled to. The amount of difference of pay, the leave encashment etc was found due against the respondent and was payable to the petitioner as on 30th September, 2006. The petitioner was deprived of the said amount without any fault on his part. The petitioner was, therefore, entitled to claim a reasonable interest amount as provided under Section 34 of the C.P. Code. This is not a commercial transaction, and therefore, as a normal rule, interest at the rate of 6% p.a. will be appropriate interest payable on the due amount. The Labour Court 3 should have awarded such interest to the petitioner from the day the amount was found payable. As stated before, the amount was found payable as on 1st October, 2006. In this view of the matter, the Petition is partly allowed. The petitioner be paid interest on the amount of Rs.1,63,868.95 paise from 1st October, 2006 till the principal amount is paid to him as directed by the Labour Court, Ahmednagar. With this modification, the Petition is disposed of. Rule made partly absolute. Liberty to calculate the difference amount as per prayer clause `C'. (V.R.KINGAONKAR) JUDGE gas/wp1276.10