R.K.Murthi v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2022

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.24450 OF 2021 R.K.Murthi

...Petitioner

Vs.

1.The Collector, Thiruvallur District, Thiruvallur.

2.The Tahsildar Ambattur Taluk, Ambattur, Chennai - 600 053.

3.V.M.E. Reality Private Limited, No.364, Pillaiyar Koil Street, Panner Nagar, Mogappair West, Chennai - 600 037.

Presently having office at No. 151, 2nd Floor, Pillaiyar Koil Street, Panner Nagar, Mogappair West, Chennai - 600 037.

...Respondents

Prayer : Writ petition filed under Article 226 of the Constitution of India praying for Writ of Mandamus directing Respondents 1 and 2 herein to recover the amount payable to the petitioner by the 3rd Respondent as per order passed in P.W. Case No.16/2018 dated 10.07.2018 as certified by the Authority under the Payment of Wages Act, 1936 (Joint Commissioner of Labour-2, Chennai) in Na.Ka.No.C2/2753/2019 dated 06.08.2019 within a time frame and disburse the same to the Petitioner. For Petitioner :

M/s.K.M.Ramesh For Respondents :

Mr.P.Balathandayatham, Special Government Pleader

O R D E R

The petitioner was working in the third respondent Company and the third respondent has not paid 21⁄2 months salary to the tune of Rs.1,62,500/-. Hence, the petitioner approached the authorities under the Payment of Wages Act, 1936 for a direction https://hcservices.ecourts.gov.in/hcservices/

to the third respondent Management to pay the said amount. Even after the authority passed an order, directing the third respondent to pay a sum of Rs.1,62,500/-, the third respondent has not paid the said amount. Hence, the petitioner has approached this Court by filing the present writ petition before this Court.

2. Counter affidavit has been filed by the second respondent Tahsildar along with the statement of the petitioner wherein it is stated that the petitioner received a sum of Rs.50,000/- through cheque No.131990 dated 12.2.2022 from the third respondent and seeks to recover the balance amount of Rs.1,15,500/- from the third respondent.

3. Recording the aforesaid statement of the petitioner as well as the second respondent Tahsildar, Ambattur Taluk, the second respondent Tahsildar, Ambattur Taluk is directed to proceed with the recovery of the balance amount from the third respondent and settle the amount to the petitioner as expeditiously as possible preferably, within a period of 12 weeks from the date of receipt of copy of the order. If any legal impediment, the same shall be communicated to the petitioner by the second respondent Tahsildar.

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

Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar vaan To 1.The Collector, Thiruvallur District, Thiruvallur.

2.The Tahsildar, Ambattur Taluk, Ambattur, Chennai - 600 053.

+1cc to M/s.K.M.Ramesh, Advocate Sr.No.10448 +1cc to the Government Pleader Sr.No.10733, 10825 W.P.No.24450 of 2021 PMK(CO) RVM(02/03/2022) https://hcservices.ecourts.gov.in/hcservices/