K. Duraiswamy v. Secretary To Government Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2016 C O R A M THE HON'BLE Mr.JUSTICE T.S.SIVAGNANAM WP.No.14172 of 2016 K.Duraiswamy ... Petitioner

Versus

1. The Secretary to Government of India Ministry of Labour and Employment Sharam Shakthi Bhawan Rafi Marg New Delhi, 110001.

2. The Regional Labour Commissioner [Central] Shastri Bhavan, No.26, Haddows Road Nungambakkam, Chennai 06.

3. Chairman Pallavan Grama Bank Head Office No.6, Yercaud Road, Hastampatti Salem 7.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus directing the 1st respondent to initiate action to prosecute the 3rd respondent u/s.29 of the Industrial Disputes Act, 1947, based on the petitioner's application dated 23.01.2016 for failure to implement the Award in ID.No.59/2013 dated 20.11.2013 and further, to initiate Revenue Recovery Proceedings against the 3rd respondent based on the petitioner's application dated 23.01.2016 for recovery of the amount computed by the order dated 09.11.2015 in CP.No.7/2014.

For petitioner :

Mr.Balan Haridas For R1 & R2 :

M/s.G.Hema, CGSC For R3 :

Mr.M.Sridhar

ORDER

Heard the learned counsel for the petitioner ; M/s.G.Hema, learned Central Government Standing Counsel appearing for the respondents 1 and 2 and Mr.M.Sridhar, learned counsel appearing for the 3rd respondent and with their consent, the writ petition is taken up for final disposal. 2.

The petitioner has filed the present writ petition seeking for a direction to the 1st respondent to initiate action to prosecute the 3rd respondent, the Chairman of Pallavan Grama Bank, for non-implementation of the Award passed by the Central Government Industrial Tribunal-cum-Labour Court, in ID.No.59/2013 dated 20.11.2013 and initiate Revenue Recovery Proceedings based on the petitioner's application dated 23.01.2016 for recovery of the amount computed in CP.No.7/2014 dated 09.11.2015.

3.

The learned counsel for the 3rd respondent submitted that already the 3rd respondent has filed a writ petition challenging the Award of the Labour Court and for certain technical defects, the papers have been returned and it will be represented shortly and the writ petition would be moved. 4.

M/s.G.Hema, the learned Central Government Standing Counsel appearing for the respondents 1 and 2 submitted that the 2nd respondent has received the petition filed by the writ petitioner from the Conciliation Officer, only recently and they will consider his claim.

5.

Taking into consideration the above facts and the arguments of the learned counsel for the parties, the 3rd respondent is granted four weeks time from the date of receipt of a copy of this order, to bring about the challenge to the Award in ID.No.59/2013, if they are so advised. Upon the failure to do so, the 2nd respondent shall initiate appropriate action by considering the petitioner's application dated 23.01.2016 and pass orders on merits and in accordance with law. 6.

The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

AP To

1. The Secretary to Government of India Ministry of Labour and Employment Sharam Shakthi Bhawan Rafi Marg New Delhi, 110001.

2. The Regional Labour Commissioner [Central] Shastri Bhavan, No.26, Haddows Road Nungambakkam, Chennai 06.

3. The Chairman Pallavan Grama Bank Head Office No.6, Yercaud Road, Hastampatti Salem 7.

+1cc to Mr.M.Sridhar, Advocate, S.R.No.27216 +1cc to Mr.Balan Haridas, Advocate, S.R.No.27085 W.P.No.14172 of 2016 PVS(CO) CA(26/05/2016)