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Madras High CourtWP/11217/2013disposed of

T.Murugan v. The State Of Tamilnadu

2023-10-11Honourable Dr Justice D.Nagarjun5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2023

CORAM

THE HONOURABLE Dr. JUSTICE D. NAGARJUN W.P.No.11217 of 2013 T.Murugan ... Petitioner Vs.

1. The State of Tamilnadu Represented by Secretary to Government, Labour Department, Fort St.George, Chennai-600 009.

2. The District Collector, Thiruvallur,

3. Cotton Club (India) No.9, Veeraraghavapuram, Avadi Main Road, Chennai-600 077.

4. Nipun Parik, General Manager, Ambattur Clothing Limited, 86/2B, Industrial Estate, Ambattur, Chennai-600 053. ... Respondents

Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the first respondent to issue recovery certificate on the applications of the petitioner dated 20.12.2012 and 08.03.2013 to the second respondent so as to recover the amount due to the petitioner as per the award dated 15.11.2012 in C.P.No.1894 of 2011 with further interest and costs, as arrears of land revenue from the third and fourth respondents or such other persons and pay the same to the petitioner. For Petitioner : Ms. Lavanya for Mr.T.Sai Krishnan For Respondents : Mr.A.M.Ayyadurai Government Advocate (Crl.Side) for R1 and R2 : R3 Dismissed vide Court Order 10.03.2020

ORDER

This writ petition is filed seeking direction by way of Writ of Mandamus to the first respondent to issue recovery certificate on the application of the petitioner dated 20.12.2012 and also on further representation dated 08.03.2013 enabling the petitioner to recover the amount due.

2. It is submitted by the learned counsel appearing for the petitioner that the petitioner was an employee of the respondent No.3 Cotton Club

India, Chennai. As he was non-employee, the petitioner has filed I.D.No.243 of 2007 on the file of Labour Court and after full fledged enquiry, the said I.D was allowed on 14.03.2011 by the learned II Additional Labour Court, Chennai, directing the respondent No.3/ Management to re-instate the petitioner and to pay the back wages. Since the respondent No.3 has not obliged the directions of the Labour Court, the petitioner has filed C.P.No.1894 of 2011 on the file of the II Additional Labour Court, Chennai and by Order dated 15.11.2012, the Labour Court has computed the amount due to the petitioner from the third respondent as Rs.7,50,500/-.

3. The petitioner therefore sought for a certificate to be forwarded to the District Collector for recovery of the said amount of Rs.7,50,000/- as arrears of land revenue. The petitioner has filed representations before the Secretary, Labour Department dated 20.12.2012 and also dated 08.03.2013, however, no action has been taken, so far, thereby, this Writ Petition is filed seeking for a direction to forward the certificate to the District Collector.

4. The learned Counsel for the respondents 1 and 2 submits that the representations of the petitioner dated 20.12.2012 and 08.03.2013 will be

considered and appropriate directions will be passed within a short time, the same is recorded.

5. Considering the submissions made by the learned counsel for the petitioner as well as the respondents 1 and 2, this Writ Petition is disposed of with a direction to the first respondent to issue certificate on the basis of the applications given by the petitioner dated 20.12.2012 and 08.03.2013 to the second respondent enabling him to recover Rs.7,50,000/-as expeditiously as possible not later than four weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs.

11.10.2023 Vv

DR.D.NAGARJUN.,J.

Vv 11.10.2023