K. Alagarsamy v. The Government Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.19626 of 2015 K.Alagarsamy ... Petitioner Vs.
1.The Government of Tamil Nadu, Represented by its Secretary, Rural Development and Panchayat Raj Department, Fort St.George, Chennai 600 009.
2.The Directorate of Rural Development Department, Panagal Building, Saidapet, Chennai 600 015.
3.The District Collector, District Collectorate, 4.The Commissioner/Block Development Officer, Kariyapatti Panchayat Union Aruppukottai Taluk, ... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 4th respondent to forthwith pay award amount of Rs.8,192.50(Rupees eight thousand one hundred ninety two and paisa fifty only) together with interest at the rate of 12% with effect from 28.09.1996 till the date of realization.
For Petitioners : Mr.K.Raja For R1 to R3 : Mr.K.Mu.Muthu Additional Government Pleader For R4 : Mr.S.Satheesh kumar
ORDER
The relief sought for in the present writ petition is for a direction to direct the fourth respondent to forthwith pay award amount of Rs.8,192.50(Rupees eight thousand one hundred ninety two and paisa fifty only) together with interest at the rate of 12% p.a., with effect from 28.09.1996.
2.The petitioner seeks for execution of the award passed by the Labour Court in I.D.No.315 of 1985 and the order was passed in C.P.No.404 of 1992 along with interest.
3.The learned counsel appearing for the writ petitioner states that the award was challenged by the Management in a writ petition in W.P.No.14660 of 1996 and the said writ petition was dismissed. Thus, the award amount is settled in favour of the writ petitioner. However, in view of the amended provision in the Industrial Dispute Act, more specifically, Section 11(B) of the Industrial Disputes Act, stipulates that the filing of an execution petition before the competent Court for the purpose of executing the award passed by the Labour Court. Thus, the writ petitioner is at liberty to approach the appropriate Court for execution of the award. 4.With the above direction, the present Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(AD-I) /TRUE COPY/ Sub Assistant Registrar To 1.The Secretary, Government of Tamil Nadu, Rural Development and Panchayat Raj Department, Fort St.George, Chennai 600 009.
2.The Directorate of Rural Development Department, Panagal Building, Saidapet, Chennai 600 015.
3.The District Collector, District Collectorate,
4.The Commissioner/Block Development Officer, Kariyapatti Panchayat Union Aruppukottai Taluk, +1 CC to M/s.SPL GP ( SR-76407[F] dated 19/07/2019 ) +1 CC to M/s.K.RAJA, Advocate ( SR-76432[F] dated 19/07/2019 ) W.P.(MD)No.19626 of 2015 18.07.2019 NS JM/31.07.2019/3P-7C