1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.1257/2010 M.D., RSRTC vs. Madan Singh & Anr. Date of order : 3/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri O.P. Sheoran for the petitioner. ****** This writ petition has been filed by the petitioner against the order passed by the Labour Court, Ajmer on application filed by the respondent-workman under Section 33C(2). Shri O.P. Sheoran, learned counsel for the petitioner has argued that the amount in question was recovered from the respondent pursuant to the judgement of the District Judge, Merta dated 22.1.2001 in which the appeal filed by the petitioner was partly allowed and consequent recovery had to be therefore made in compliance thereto. It is submitted that the amount in question was retained for a period of five years. The petitioner rightly recovered a sum of Rs.70,300/- from the respondent by way of interest. When pointedly asked, learned counsel could not show whether the Court of District Judge had permitted them to also recover 2 interest from the respondent-workman. If the respondent had received the amount pursuant to the order of the prescribed authority under the Payment of Wages Authority, such receipt of amount cannot be said to be otherwise unauthorised or on account of any misrepresentation on their part. There was no question for the petitioner to recover the amount of interest from the retiral benefits payable to the respondent-workman. I therefore do not find any interference. The writ petition is dismissed. (MOHAMMAD RAFIQ), J. RS/