KANAKA SATHEESH Vs. THE DEPUTY LABOUR COMMISSIONER,

JUDGEMENT

(1.) THE husband of the petitioner died on 26 -2 -2005 arising out of an accident and in the course of employment. The petitioner later moved the first respondent Commissioner for workmen's compensation for compensation on this count. A sum of Rs. 4,11,900/ - (Rupees four lakhs eleven thousand nine hundred only) with interest has been awarded to the petitioner and her two children in W.C.C. No. 54/2009 on the file of the first respondent. The petitioner contends that no steps for realization of the amount awarded has been taken despite the lapse of more than one and half years. Section 31 of the Workmen's Compensation Act empowers the first respondent to recover as an arrears of land revenue any amount payable by any person under the Act. Section 14 -A of the Workmen's Compensation clarifies that the compensation awarded shall be a first charge on the assets transferred by the employer. The petitioner has a case that the third respondent employer sold his property on 1 -9 -2005 after the liability arose out of the accident on 26 -2 -2005. These are all matters to be considered by the first respondent in Ext. P5 representation submitted by the petitioner for initiating revenue recovery proceedings.

(2.) I direct the first respondent to consider Ext. P5 representation on merits within a period of two months from the date of receipt of a copy of this judgment. The third respondent as well as the alleged assignee of the property shall also be put on notice and heard before final orders are passed on Ext. P5 representation. Needless to say that steps have to be taken to realise the amount due under Ext. P1 order in W.C.C. No. 54/2009 dependant on the orders passed on Ext. P5 representation.