R.Jayakumar, v. The Government Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10-04-2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.24730 of 2016 R.Jayakumar ... Petitioner Vs.

1.The Government of India, Represented by its Secretary, Ministry of Labour and Employment, Sharam Shakthi Bhawan, Rafi Marg, New Delhi-110 001 2.The Government of Tamil Nadu, Represented by its Secretary, Labour and Employment Department, Fort St. George, Chennai-600 009.

3.The District Collector, Collectorate Office, Singaravelar Maligai, Chennai.

4.The Deputy Commissioner of Labour-II, DMS Complex, Teynampet, Chennai-600 006.

5.The New India Assurance Co., Ltd., No.45, Moore Street, 5th Floor, Parrys, Chennai-600 001.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the third respondent to consider the representation of the petitioner dated 30.3.2016 and directed to proceed the Revenue Recovery Proceedings against the fifth respondent and to take suitable action.

For Petitioner : Mr.V.Velu For Respondent-1 : Mr.G.Venkatesan, Central Government Counsel.

For Respondents-2to4: Mr.M.Elumalai, Government Advocate.

For Respondent-5 : Mr.D.Nadhamuni

O R D E R

The learned counsel appearing on behalf of the fifth respondent-New India Assurance Company Ltd., made a submission that the award amount granted in WC No.111 of 2009 dated 24.12.2012 had been already deposited in the month of November 2013 and the interest amount was also deposited in January 2014 before the fourth respondent.

2. Thus, the writ petitioner is permitted to submit an application before the fourth respondent for the withdrawal of the award amount along with the interest within a period of three weeks from the date of receipt of a copy of this order and if any such application is received from the writ petitioner, the third respondent is directed to consider the same and pass orders for withdrawal of the award amount along with the interest on merits and in accordance with law, within a period of eight weeks thereafter.

3. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Svn To 1.The Secretary, Government of India, Ministry of Labour and Employment, Sharam Shakthi Bhawan, Rafi Marg, New Delhi-110 001.

2.The Secretary, Government of Tamil Nadu, Labour and Employment Department, Fort St. George, Chennai-600 009.

3.The District Collector, Collectorate Office, Singaravelar Maligai, Chennai.

4.The Deputy Commissioner of Labour-II, DMS Complex, Teynampet, Chennai-600 006.

+1cc to M/s.M.Malar, Advocate Sr.No.26929 +1cc to Government Pleader SR.No.26789 KJ(CO) sm:23.4.2018 W.P.No.24730 of 2016