MURALEEDHARAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) An important issue has come up to be resolved - whether Government can stay the revenue recovery proceedings initiated to recover the amounts due under the orders of the authorities set up under the provisions of Payment of Gratuity Act, 1972 or the Payment of Wages Act 1936 or whether they can grant instalment facilities to an employer who defaulted in payment of such amount determined by the respective quasi judicial authorities.

(2.) The petitioner was an employee under the 5th respondent. Gratuity due to him was not paid. He moved the Authority constituted under the Payment of Gratuity Act, 1972. The Authority, by Ext. P1, directed the fifth respondent to pay the petitioner an amount of Rs.29,665.57 within 30 days from 3.11.1992 and in default thereof within 15% interest.

(3.) Claiming arrears of wages due from the 5th respondent, the petitioner approached Payment of Wages Authorities (Labour Court), Kollam under S.15(2) of the Payment of Wages Act 1936. The authority passed Ext. P2 order directing the 5th respondent to pay the petitioner an amount of Rs.37,380/- within a month from 2.3.1993.