Peraman v. The Joint Commissioner Of Labour
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.07.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI Peraman ... Petitioner Vs.
1.The Joint Commissioner of Labour, Collectorate, Salem.
2.The District Collector, Collectorate, Salem.
3.The Managing Director/Proprietor, Sri Sowdeswari Mills Private Ltd., Near Kattampatti, Jalakandapuram, Mettur Taluk, Salem District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent herein to initiate Revenue Recovery Proceedings to recover the amount of Rs.9,29,539/- together with interest at the rate of 12% p.a. from the third respondent as per award passed by the first respondent in Page No.1 of 6
W.C.No.65 of 2021 dated 15.11.2022 by considering the petitioner's representation dated 12.04.2023 within the stipulated time to be fixed by this Court.
For Petitioner : Mr.C.Munusamy For Respondents : Mr.M.Prem Kumar Government Advocate [R1 & R2] *****
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the second respondent herein to initiate Revenue Recovery Proceedings to recover the amount of Rs.9,29,539/- together with interest at the rate of 12% p.a. from the third respondent as per award passed by the first respondent in W.C.No.65 of 2021 dated 15.11.2022 by considering the petitioner's representation dated 12.04.2023 within the stipulated time to be fixed by this Court.
2. Mr.M.Prem Kumar, learned Government Advocate takes notice for the respondents 1 and 2. In view of the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.
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3. The case of the petitioner is that, he is an employee under the third respondent and he filed a claim petitioner before the first respondent in W.C.No.65 of 2021 and an order dated 15.11.2022 was passed. However, till date, the said order has not been implemented and the amount is not recovered. Hence, the petitioner filed the above writ petition before this Court for appropriate directions.
4. Though very many grounds have been raised in this writ petition, the learned counsel for the petitioner submits that, it would suffice, if this permit the petitioner to file appropriate petition before the first respondent enable the first respondent to issue certificate to the second respondent to collect the amount under the Revenue Recovery Act.
5. The learned Government Advocate appearing for the respondents 1 and 2 submits that he has no objection for the said order being passed.
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6. Considering the limited request made by the petitioner, this Court, without going into the merits of the case, permits the petitioner to file an appropriate petition before the first respondent within a period of one week from the date of receipt of a copy of this order. If such petition is filed, the first respondent is directed to issue certificate in favour of the petitioner to the second respondent to recover the compensation amount under the Revenue Recovery Act. The said exercise shall be completed within a period of two weeks thereafter.
7. With the above directions, the Writ Petition is disposed of. No costs.
13.07.2023 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6
To 1.The Joint Commissioner of Labour, Collectorate, Salem.
2.The District Collector, Collectorate, Salem.
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M.DHANDAPANI, J.
sp 13.07.2023 Page No.6 of 6