R.Ayyappan v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 24/06/2024
CORAM
The Hon`ble Ms.Justice R.N.MANJULA R.Ayyappan ... Petitioner Vs
1. State of Tamil Nadu, Rep. by District Collector, Tirunelveli District..
2. State of Tamil Nadu,, Rep. by District Collector, Kanyakumari District at Nagercoil..
3. Deputy Commissioner of Labour, (Enforcement),, Joint Commissioner Office, Anayarkulam Extension, Thirumal Nagar, Perumalpuram, Tirunelveli 627007..
4. Deputy Registrar of Co-Operative Societies (Diary),, O/o. Collector Office Building, Kokkirakulam, Vannarapet, Tirunelveli District..
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5. Special Officer/liquidator,, Arumanai Milk Producers Co-Operative Society Ltd., Vrd 147, O/o. Deputy Registrar (Diary), 3rd Floor, Collector Office New Building, Nagercoil 62900.
... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to recover award amount dated 29.11.2018 in P.G. No. 56 of 2018 on the file of Assistant Commissioner of Labour, Tirunelveli and in C.P. No.123 of 2012 on the file of Labour Judge at Tirunelveli and disburse the same to the petitioner with accumulated interest by making necessary mode of recovery under Revenue Recovery Act from the judgement debtor`s property of 18.750 cents land in Resurvey No. 107/1A of Vellamcode Revenue Village in Vilavancode Taluk of Kanyakumari District within time frame fixed by this Court. For Petitioner : Mr.V.H.S.Prathap For Respondents : Mr.K.Selvaganesan Additional Government Pleader
ORDER
The petitioner, who has got an award from the labour Court against the 5th respondent society in respect of his back wages has filed this writ petition seeking a direction to the respondents to recover the award amount dated 29.11.2018 in P.G. No. 56 of 2018 on the file of Assistant 2/6
Commissioner of Labour, Tirunelveli and in C.P. No.123 of 2012 on the file of Labour Judge at Tirunelveli and disburse the same to the petitioner with accumulated interest.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.
3. By consent of both sides, the writ petition is taken up for final disposal.
4. The grievance of the petitioner is that he retired from the 5th respondent society after rendering 32 years of service. However, since the gratuity amount has not been settled to him, he has filed a petition before the Assistant Commissioner of Labour and an award has been passed thereon thereby directing the 5th respondent to disburse a sum of Rs.67,938/-. Despite he has obtained an award, the 5th respondent society has not come forward to settle the award amount. Therefore, the petitioner has given representation to the third respondent. Since there was no action on the said representation for recovery of the award 3/6
amount, the petitioner has filed this writ petition.
5. When the matter was taken up for hearing, the learned Additional Government Pleader submitted that the petitioner has filed an execution petition before the 2nd respondent and the same is pending. Since the execution petition is pending, I feel it is appropriate that a direction be given for early disposal of the said petition.
6. In view of the same, this writ petition is disposed of with a direction to the respondents 2 and 3 to dispose of the execution petition along with the representation made by the petitioner in this regard within a period of six weeks from the date of receipt of a copy of this order. No costs.
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TO
1. District Collector, Tirunelveli District..
2. The District Collector, Kanyakumari District at Nagercoil..
3. Deputy Commissioner of Labour, (Enforcement),, Joint Commissioner Office, Anayarkulam Extension, Thirumal Nagar, Perumalpuram, Tirunelveli 627007..
4. Deputy Registrar of Co-Operative Societies (Diary),, O/o. Collector Office Building, Kokkirakulam, Vannarapet, Tirunelveli District..
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R.N.MANJULA,J RR
ORDER
IN WP(MD) No.13378 of 2024 Date : 24/06/2024 6/6