RANGA V1LAS MOTOR SERVICE Vs. DEPUTY COMMISSIONER BANGALORE

JUDGEMENT

(1.) The petitioner is a registered firm represented by one of its partners, A.M.Dhanapal Chettiar. In this petition under Art.226 of the Constitution, it has impugned the attachment of the bus (stage carriage) bearing registration No.MDS.6062, by the Revenue Authorities in revenue recovery proceedings. The petitioner-firm claims to be the owner of that bus. Respondent 3, Mahalingam (hereinafter referred to as the workman) was working as foreman in the workshop at Bangalore of Sri Rangavilas Motor (P) Ltd. (hereinafter referred to as the Coy.), which has its registered office at Krishnagiri. The Company dismissed him from service. An industrial dispute relating to his dismissal, was referred to the Labour Court for adjudication. By its award, the Labour Court ordered his reinstatement and payment of back wages. On an application made by him the Labour Court computed the benefits flowing from that award at Rs.28,536 and ordrered the Company to pay him that amount.

(2.) As the Company did not pay him that amount the Labour Commissioner issued a certificate under S.33C(1) of the Industrial Disputes Act, 1947, to the Deputy Commissioner, Bangalore (hereinafter referred to as the Deputy Commissioner) to recover the said amount as arrears of land revenue. The Deputy Commissioner forwarded that certificate to the Tahsildar, Bangalore North Taluk (hereinafter referred to as the Tahsildar) for taking recovery proceedings.

(3.) The Workman addressed a letter to the Tahsildar giving particulars of certain buses including the bus in question plying between Bangalore and certain other places, which buses according to him (the workman). belonged to the Company On the basis of that letter, the Revenue Inspector, Sales Tax Recovery, attached on 2-4-1969 the bus bearing registration No.MDS.6062.