Madras High CourtWP(MD)/376/2015allowed

Reginamary, v. The District Collector,

2018-02-08Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No.376 of 2015 Reginamary, ... Petitioner Vs.

1. The District Collector, Coimbatore District, Coimbatore.

2. The Deputy Commissioner of Labour, O/o. Deputy Commissioner of Labour, 28/3, Kaja Nagar, Tiruchirappalli.

3.C.M.Siva Shanmugam (R3 impleaded vide Court order dated 22.01.2015 in M.P.(MD)No.1 of 2015) ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to proceed further under the Revenue Recovery Act as per the proceeding of the second respondent in Aa 5/1567/14 dated 10.10.2014 within the time stipulated by this Court. For petitioner : Mr. G.Karnan For R1 & R2 : Mr. K.Saravanan Government Advocate For R3 : No Appearance

O R D E R

*********** Heard, the learned counsel on either side.

2. The petitioner was a claimant in W.C.No.52 of 2011 on the file of the Deputy Commissioner of Labour, Tiruchirappalli. An award dated 20.08.2013 was passed in her favour. The third https://hcservices.ecourts.gov.in/hcservices/

respondent herein was directed to pay a sum of Rs.4,18,460/- with interest. Till date the petitioner could not see the fruits of the award. The second respondent has already issued a recovery certificate and the same has been forwarded to the first respondent. The first respondent has to act and must take measures under the Tamil Nadu Revenue Recovery Act. The grievance of the writ petitioner is that such measures have not yet been taken. The first respondent is directed to initiate action under the Revenue Recovery Act, for enforcing the award dated 20.08.2013 made in W.C.No.52 of 2011 on the file of the Deputy Commissioner of Labour, Tiruchirappalli, so as to pay the award amount to the petitioner. The first respondent shall act expeditiously in this regard.

3. With these directions, the writ petition is allowed. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Coimbatore District, Coimbatore.

2. The Deputy Commissioner of Labour, O/o. Deputy Commissioner of Labour, 28/3, Kaja Nagar, Tiruchirappalli.

+ 1 cc TO Mr.G.Karnan , Advocate in SR No. 47181 + 1 cc TO The Special Government Pleader in SR No. 47460 pnn/skm AE/SKN RSK/SAR3/26.02.2018/2P/5C ORDER MADE IN W.P. (MD) No.376 of 2015 08.02.2018 https://hcservices.ecourts.gov.in/hcservices/