APPAYYA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned AGA for the respondent.

(2.) Learned counsel for the petitioner submits that the petitioner is seeking for a writ of mandamus directing the respondent Deputy Commissioner to recover the amount as per the Recovery Certificate dated 16.03 .2015 vide Annexure-C issued by the Deputy Labour Commissioner within a time frame and also issue further directions to release the amount recovered in favour of the petitioner. He submits that the matter is covered by the judgment of the Coordinate Bench of this Court passed in W. P.No.147330/2020, disposed of on 15 .09.2020 .

(3.) The material on record would go to show that the Labour Court vide order dated 22.11 .2013 , had allowed the application filed by the petitioner under Section 33-C(2 ) of the Industrial Disputes Act, 1947 and had directed the respondent Management therein to pay a sum of 4,05,365 /- with interest at the rate of 6% from the date of order till realization of the entire amount. As the Management had failed to comply with the order passed by the Labour Court, the petitioner had approached the Deputy Labour Commissioner, seeking Recovery Certificate and considering the application filed by the petitioner, the Deputy Labour Commissioner, Belagavi, has issued the Recovery Certificate under Section 33-C( 1) of the Industrial Disputes Act, 1947. However, the Deputy Commissioner has not taken any action pursuant to the said Recovery Certificate and it is under these circumstances, the petitioner has approached this Court.