1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 241 OF 2006 IN WRIT PETITION NO.1459 OF 2002 ... H.S.T.Hegde ..Appellant v/s. Premier Automobiles Ltd. and Anr. ..Respondents ... Mr.N.M.Ganguli for the Appellant. Mr.S.S.Shetty for the Respondents. ... CORAM: D.K.DESHMUKH & V.R.KINGAONKAR,JJ DATED: 13th April, 2010 P.C.: 1. By this Appeal the Appellant challenges the order passed by the learned single Judge of this Court dated 31-3-2005 in Writ Petition No.1459 of 2002. By that order 2 the learned single Judge has modified the order of the Labour Court made under Section 33-C(2) of the Industrial Disputes Act, 1947. The Labour Court had directed payment of amount of incentive allowance with interest from the date of application till the date of realisation. The learned single Judge relying on two judgments of this Court, one in the case of Payal Electronics v/s. Arun Vasant Pawar (2002 III CLR 328) and the second in Swan Mills Limited v/s. Sakharam Dhondu Panchal (2004 III CLR 870), has held that under Section 33-C(2) the Labour Court cannot award interest from the date earlier to the date on which the Labour Court makes the order, and therefore the learned single Judge has held that the Labour Court could not have awarded the interest from the date of the application. 3 2. We have heard the learned Counsel for both sides. 3. In view of the law laid down by this Court in the aforesaid judgments and in view of the fact that the role of the Labour Court when it decides an application under Section 33-C(2) is of the nature of executing court. In our opinion, therefore, no fault can be found with the order of the learned single Judge modifying the order of the Labour court. Appeal, therefore, fails and is dismissed. (D.K.DESHMUKH, J.) (V.R.KINGAONKAR, J.)