R ESWARI Vs. DISTRICT COLLECTOR DHARMAPURI

JUDGEMENT

(1.) The petitioner has approached the Labour Court, Salem by filing a petition under Section 33(C)(2) of the Industrial Disputes Act in C.P.No.129/99 for recovery of a sum of Rs.2,18,340.00 towards the arrears of salary for the period from 1/1/1992 to 31/12/1998 against the second respondent. The Labour Court, Salem has no doubt passed an exparte award on 18/10/2001 with a direction to the 2nd respondent to pay the said amount with interest at 12% per annum. But it remains a fact that the award of the Labour Court which was passed on 18.10.2001 has become final and the second respondent has not taken any steps to challenge the same. After the award was passed, the Government also issued an order in G.O.(D)No.588, Labour and Employment(G-2) Department, dated 26.7.2002 under Section 33-C(i) of the Industrial Disputes Act directing the District Collector, Dharmapuri to recover the amount under the Revenue Recovery Act. In spite of the said Government Order having been passed in 2002 itself, the first respondent has not taken any action for recovery of the amount in spite of the representation made by the petitioner which includes the latest representation dated 30.12.2002. Therefore, the present writ petition is filed for a direction against the first respondent to recover the amount due as per G.O.(D)No.588, Labour and Employment Department, dated 26.7.2002 under the Revenue Recovery proceedings and in accordance with the representation dated 5.8.2002.

(2.) It is seen that the second respondent who has not chosen to appear before the Labour Court, Salem, has not appeared before this Court. Be that as it may, it is on fact clear that the award passed by the Labour Court dated 18.10.2001 and the subsequent Government Order dated 26/7/2002 directing the District Collector, Dharmapuri to recover the amount has become final. It is the duty of the first respondent to recover the amount in accordance with the G.O.(D)No.588, Labour and Employment, dated 26/7/2002 if there is no other legal impediment. In the absence of action taken by the second respondent to pay the amount, it is the duty on the part of the first respondent to recover the amount.

(3.) In view of the same, this Writ Petition stands allowed with a direction to the first respondent to take necessary steps under the Revenue Recovery Act to recover the amount due as per G.O.(D)No.588, Labour and Employment(G-2) Department, dated 26/7/2002 within a period of eight weeks from the date of receipt of a copy of this order if there is no other legal impediment. No costs.