M VELAYUDHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These petitions arise from proceedings under the Revenue Recovery Act for recovery of sums due to some workmen under an award of the Industrial Tribunal, Trivandrum. The District Labour Officer issued a certificate under Section 33(c)(1) of the Industrial Disputes Act to the Collector, Trivandrum, far recovering the amounts under the Revenue Recovery Act. Pursuant to the certificate, the Tahsildar attached immovable property of one M. Velayudhan (petitioner in 6. P. No. 63) and certain buses belonging to the petitioners in the three other original petitions. These petitions have been filed to quash these proceedings.

(2.) The reference to the Industrial Tribunal was by an order dated 19-4-1955. The Tribunal Have an award on 28-10-1955 and the same was published in the Government Gazette on 22-11-1955. The dispute referred was one between the workmen of M. V. Motor Service and M. V. Velayudhan, the Proprietor of M. V. Motor Service. The latter appeared before the Tribunal and stated that the concern Owned by him as M. V. Motor Service had ceased to exist, the assets having been sold before the date of the reference. Thereafter he did not appear to contest the claim, and the award was passed against him by the tribunal.

(3.) O. P. No. 63 of 1959 may be considered first. As stated earlier the petitioner is M. Velayudhan whose immoveable property has been attached for recovery of the sum due under the award. The grounds stated in the petition are that the award is not binding on the petitioner as the M. V. Motor Service was not in existence on the date of the reference or the award, that Section 33(c) of the Industrial Disputes Act which was not in force on, the date of the award cannot be availed of in this case, that even if this provision is applicable, the Government must be satisfied that the persons against whom the award is sought to be enforced arc either successors or assigns of the employer, that principles of natural justice were violated in the proceedings relating to recovery of the amount from him, that the workmen concerned have not applied to the Government for recovery of the money due to them, and that in any event the award is not enforceable one year after the same is published by the Government.