The Management Of Sri Lakshmi v. Secretary, Labour And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2019
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.40682 of 2005 The Management of Sri Lakshmi Transport represented by its Proprietor M.Rajalingam Avinashi Road, Neelambur, Coimbatore - 641 014 ..Petitioner Vs.
1.Government of Tamil Nadu represented by its Secretary, Labour and Employment(D1) Department, Fort St.George, Chennai - 600 009 2.District Collector, Coimbatore District at Coimbatore.
3.N.Thirumurthy ..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents herein, their subordinates or any body acting through them from in any manner proceeding with the recovery of the amount from the petitioner herein pursuant to the G.O.(D).No.238, Labour and Employment(D1) Department, dated 23.02.2005 issued by the 1st respondent and pending disposal of the I.A.No.994 of 2005 in C.P.No.959/04 on the file of the Labour Court, Coimbatore filed by the petitioner. For Petitioner : M/s.N.Damodharan For Respondents : Mr.D.SuriyaNarayanan Additional Government Pleader For R1 & R2 Mr.M.Manikandan For M/s.V.N.S.Law Firms for R3 1/3
ORDER
The relief sought for in the present writ petition is to forbear the respondents, their subordinates or any body acting through them from in any manner proceeding with the recovery of the amount from the petitioner pursuant to the G.O.(D).No.238, Labour and Employment(D1) Department, dated 23.02.2005 issued by the 1st respondent and pending disposal of the I.A.No.994 of 2005 in C.P.No.959/04 on the file of the Labour Court, Coimbatore filed by the petitioner.
2. The fact remains that the 3rd respondent workman raised an Industrial Dispute and an Award was passed. Based on the Award, a Claim petition was filed in C.P.No.959/2004 by the petitioner.
3. The learned counsel for the writ petitioner states that the Award was an exparte Award. Thus, the Management filed an Interlocutory Application to set aside the exparte Award in I.A.No.994 of 2005 and another Interlocutory Application is also filed to condone the delay in filing the Petition to set aside the Exparte Award. However, the learned counsel for the writ petitioner states that the said Interlocutory Application in I.A.No.994 of 2005 was dismissed by the Labour Court as early as on 29.01.2008.
4. In view of the fact that the Interlocutory Application filed, to condone the delay in filing the petition to set aside the exparte order as well as the petition to set aside the exparte Award were dismissed, the Award is to be implemented and therefore, the relief sought for in the present writ petition to forbear the respondents from implementing the Award by recovering the dues as per the Recovery Certificate issued by the Government cannot be granted. The Government also issued an order in G.O.(D).No.238, Labour and Employment(D1) Department, dated 23.02.2005. Accordingly, the respondents 1 and 2 are bound to implement the Government order of Recovery Certificate.
5. This being the factum, the writ petition deserves no merit consideration and accordingly, stands dismissed. However, there shall be no order as to costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar 2/3
To 1.The Secretary, Labour and Employment(D1) Department, Fort St.George, Chennai - 600 009 2.The District Collector, Coimbatore District at Coimbatore.
3.The Labour Court, Coimbatore.
AKM/02.12.19/3P-4C / W.P.No.40682 of 2005 3/3