K.Baskar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.06.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 17633 of 2025 K. Baskar

...Petitioner

Vs.

1. The District Collector District Collector Office of Chengalpattu Grand Southern Trunk Road Chengalpattu, Venbakkam Tamil Nadu - 603 111.

2. M/s.Peregrine Guarding Pvt., Ltd., No.46, G Square, 4th Floor Rajiv Gandhi Salai, OMR, Kandhanchavadi, Chennai - 600 096.

3. The Joint Commissioner of Labour - 2, DMS Campus DMS Subway, Anna Salai, Teynampet, Chennai, Tamil Nadu 600006.

...Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of mandamus, directing the 1st respondent to recover a sum of Rs.22,763/- from the 2nd respondent under the provisions of the Tamil Nadu Revenue Recovery Act, 1864, as ordered by the 3rd respondent in PW.No.4 of 2024 and to remit the same to the petitioner.

For Petitioner :

Mr. S.Suryavarman For Respondents :

Mr. M.Murali 1 & 3 Government Advocate.

For Respondent 2:

No Appearance.

O R D E R

The Writ Petition is filed to issue a Writ of mandamus, directing the 1st respondent to recover a sum of Rs.22,763/- from the 2nd respondent under the provisions of the Tamil Nadu Revenue Recovery Act, 1864, as ordered by the 3rd respondent in PW.No.4 of 2024 and to remit the same to the petitioner.

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2. The petitioner was working as a Security Guard with the 2nd respondent. On 31.12.2022, the petitioner was terminated from service without any prior notice. The petitioner filed a petition before the Conciliation Officer, Sriperumbudur, who then initiated conciliation proceedings under the Industrial Disputes Act. These proceedings resulted in an oral assurance from the 2nd respondent to reinstate him with back wages and statutory dues. Though reinstated, the petitioner was not paid for 11 days in November 2023, and unlawful wage deductions occurred from December 2023 to May 2024.

3. The petitioner filed a claim under the payment of Wages Act. The 2nd respondent did not appear despite receiving notices and was set ex parte on 30.07.2024. On 05.08.2024, the 3rd respondent ordered the 2nd respondent to pay Rs.22,763/- to the petitioner.

4. However, the 2nd respondent failed to comply with the order. Despite a letter dated 20.01.2025 from the 3rd respondent to the 1st respondent (District Collector, Chengalpattu) seeking recovery under 3/6

the Tamil nadu Revenue Recovery Act, 1864, no action has been taken. Therefore the petitioner is before this Court.

5. Heard the learned counsels and perused the records.

6. Considering the facts and circumstances of the case, the Writ Petition is allowed. The 1st respondent is directed to recover a sum of Rs.22,763/- from the 2nd respondent under the provisions of the Tamil Nadu Revenue Recovery Act, 1864, as ordered by the 3rd respondent in PW.No.4 of 2024 and to remit the same to the petitioner within a period of 3 months from the date of receipt of a copy of the order. No costs.

18.06.2025 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The District Collector District Collector Office of Chengalpattu Grand Southern Trunk Road Chengalpattu, Venbakkam Tamil Nadu - 603 111.

2.The Joint Commissioner of Labour - 2, DMS Campus DMS Subway, Anna Salai, Teynampet, Chennai, Tamil Nadu 600006.

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P.T. ASHA, J, kan W.P.No. 17633 of 2025 18.06.2025 6/6