C.V. Lawrance vs The Assistant Labour Commissioner and The Base Victualling Officer

Antony Dominic, J.—Petitioner and 13 other similarly situated persons made applications to the Central Government Industrial Tribunal cum Labour Court invoking its powers u/s 33C(2) of the Industrial Dispute Act. These applications were numbered as CP. Nos. 6 to 17 of 2008 and CP. Nos. 3 to 16 of 2009.

By Ext.P4 dated 26.6.2009, CP. Nos. 6 to 17 of 2008 were allowed and the second Respondent herein was directed to pay the Petitioners therein Rs. 27,733/= each within one month. As far as CP. Nos. 3 to 16 of 2009 are concerned, Ext.P5 order dated 21.7.2010 shows that CP. Nos. 6 and 7 of 2009 were dismissed and remaining C Ps were allowed, directing the second Respondent to pay Rs. 1,30,000/= each to the Petitioners therein.

According to the Petitioner, the amount due under Exts.P4 and P5 was not paid. It is also his case that as per the provisions contained in Section 33C(4) of the Industrial Dispute Act, 1947, the Industrial Tribunal cum Labour Court forwarded the orders to the first Respondent being the appropriate authority for effecting recovery of the amount due under Exts.P4 and P5. It is stated that, despite the above, the first Respondent did not take any action for recovery of the amount and complaining of the above, he made Ext.P6 representation which also remains unattended by the first Respondent. It is in these circumstances, the writ petition is filed.

The second Respondent has no case that Exts.P4 and P5 have not become final nor do they have a case that the amount due under these orders have been paid. If that be so, having regard to the fact that the period prescribed for payment of the amount having expired, necessary action for recovery of the amount has to be initiated in terms of the provisions contained in the Industrial Dispute Act.

Since it is the specific case of the Petitioner that he has already filed Ext.P6 before the first Respondent complaining of inaction on his part in effecting recovery of the amount, I direct that the first Respondent shall on production of a copy of this judgment take appropriate action for recovery of the amount due under Exts.P4 and P5 from the second Respondent provided he has received copies of Exts.P4 and P5 from the Industrial Tribunal cum Labour Court in terms of the provisions contained in Section 33C(4) of the Act. Necessary action shall be taken as early as possible, at any rate, within three months from the date of production of a copy of this judgment along with a copy of the writ petition.