R. Subramanian v. The District Collector

WP NO. 1430 of 2009

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-02-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI WP NO. 1430 of 2009 AND WP NO. 1432 OF 2009,WP NO. 1434 OF 2009,WP NO. 1431 OF 2009,WP NO. R. Subramanian 10/1/4a, Mettu Srinivasa St, Salem.

Petitioner(s) Vs The District Collector Salem Dt. and another Respondent(s) WP NO. 1432 of 2009 S.Kaliappan Petitioner(s) Vs The District Collector Salem Dt. and another Respondent(s) WP NO. 1434 of 2009 K.Murugesan Petitioner(s) Vs The District Collector Salem Dt. and another Respondent(s) WP NO. 1431 of 2009

K.Srinivasan Petitioner(s) Vs The District Collector Salem Dt. and another Respondent(s) WP NO. 1433 of 2009 R.Jagadeesan Petitioner(s) Vs The District Collector Salem Dt. and another Respondent(s) In all W.P.s For Petitioner(s):

M/s.K.V.Shanmuganathan For Respondent(s):

Mr.M.Murali, GA for R1 No appearance for R2 COMMON ORDER The petitioners have filed the above writ petitions seeking to issue a direction to the first respondent to recover the amount computed by the Labour Court in C.P.Nos.381 to 384 of 2005 and C.P.No.180 of 2006. It is seen that the petitioners were working under the second respondent / management. Subsequently, there were not given wages for the work done by them. Though the petitioners have resigned their jobs, however, the second respondent did not relieve the petitioners from service. While so, the petitioners in respective writ petitions approached the Labour Court for recovery of arrears of wages, yearly increment and arrears of dearness allowance. Despite the award passed by the Labour Court, the second respondent / Management did not pay the amount as specified in the award. Hence, the petitioners made applications u/s.33 C (1) of the

Industrial Disputes Act, 1947 seeking the Government of Tamil Nadu to issue the recovery certificates for recovering the amounts computed by the Labour Court. Despite the Government Orders, the first respondent has not initiated any steps to recover the amounts from the second respondent. Hence, this Court vide order dated 24.08.2018 has directed the first respondent to recover the amount due to the petitioners within eight weeks from the date of receipt of the said order. Subsequently, the matter was posted for reporting compliance on several occasions.

2. Today when the matter came up for hearing under the said caption, the learned Government Advocate appearing on behalf of the first respondent reported no instructions.

3. In view of the above, this Court directs the first respondent to recover the amount due to the petitioners from the second respondent if not already paid. Accordingly, no further orders are necessary in these writ petitions.

06-02-2025 RAP To

1. The District Collector Salem Dt.

2. The Management Of Lakshmi Welding Works, 5/3a, Kallankuthu St, Salem.