John Peter v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-01-2026
CORAM
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY John Peter S/o.Lourdusamy, Madha Kovil Street, Nelliadi, Thukkachi Post, Nachiyar Koil (via), Kumbakonam.
... Petitioner Vs.
1. The Secretary To Government Labour Department, Government Of Puducherry.
2.The Deputy Labour Commissioner Labour Department, Government Of Puducherry.
3.The District Collector Karaikal, U.T. Of Puducherry.
4.The Management Of Soundararaja Mills Ltd., Nedungadu, Karaikal-609 603.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the 1st respondent the Secretary to Government, Labour Department, Government of Puducherry to issue a recovery certificate under Section 33-C (1) of the Industrial Disputes Act, 1947, for recovery of a sum of Rs.1,00,000/- (Rupees One lakh only) payable to the petitioner in pursuance of the order of this Hon'ble Court dated 30.06.2023 in W.P.No.29492 of 2003; consequently, direct the 2nd and 3rd respondents the Page Nos.1/6
Deputy Labour Commissioner and the District Collector, Karaikal to take all necessary steps under the Revenue Recovery Act for realization of the said amount from the 4th respondent-management of Soundararaja Mills Ltd., Nedungadu, Karaikal, and to pay the recovered sum to the petitioner and Fix a time-limit within which the respondents 1 to 3 shall complete the above exercise in strict compliance with the statutory provisions and the order of this Honourable Court.
For Petitioner:
Mr.sP.R.Thiruneelakandan For Respondents:
Dr.Ramaswamy, Additional Government Pleader, For R1 To R3
O R D E R
The Writ Petition is filed directing the first respondent to issue a recovery certificate under Section 33-C(1) of the Industrial Disputes Act for recovery of sum of Rs.1,00,000/- payable to the petitioner pursuant to the order of this Court dated 30.06.2023 in W.P.No.29492 of 2003 and consequently to direct the 2nd and 3rd respondents, namely, the Deputy Commissioner of Labour and the District Collector, Karaikal, to take all necessary steps under the Revenue Recovery Act for realisation of the said amount from the 4th respondent management namely, Soundararajan Mills Limited, Nedungadu, Karaikal and to pay the recovered sum of the petitioner and to fix a time limit within which the respondents 1 to 3 shall complete the above exercise in strict compliance with Page Nos.2/6
the statutory provisions and the order of this Court.
2. Upon hearing the Learned Counsel for the petitioner and perusing the affidavit and material records of the case, it can be seen that, aggrieved by the award of the Labour Court, W.P.No.29492 of 2003 is filed, in which the order for payment of compensation of Rs.1,00,000/- was passed. According to the Learned Counsel for the petitioner, the respondents are not issuing the recovery certificate and recovering the same in accordance with the provisions of the Revenue Recovery Act, by informing the petitioner as if the amount is awarded by the Labour Court, the same can be done and since the amount of compensation is awarded in the writ petition, the process cannot be undertaken.
3. The writ petition is not defended by any of the respondents, even though notices have been served. The order in the writ petition is passed in a challenge to the Labour Court award and, therefore, the stand that is taken by the official respondents cannot be countenanced. Even the 4th respondent management has not chosen to defend the present writ petition. Page Nos.3/6
4. In view thereof, this Writ Petition is allowed on the following terms: (i) Within three weeks from the date of receipt of the web copy of the order, the first respondent shall issue a recovery certificate and the respondents 2 and 3 shall take further steps under the Revenue Recovery Act to realise the said sum from the 4th respondent and pay the same to the Workman. The further steps shall be initiated within four weeks from the date of receipt of the recovery certificate and shall be completed within a period of 4 months from the date of receipt of the recovery certificate.
(ii) The authority shall act on the web copy of the order without waiting for the certified copy of the order.
(iii) There shall be no order as to costs.
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To 1.The Secretary To Government Labour Department, Government Of Puducherry.
2.The Deputy Labour Commissioner Labour Department, Government Of Puducherry.
3.The District Collector Karaikal, U.T. Of Puducherry.
4.The Management Of Soundararaja Mills Ltd., Nedungadu, Karaikal-609 603.
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D.BHARATHA CHAKRAVARTHY, J.
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