N GUNASEKARAN Vs. SECRETARY LABOUR AND EMPLOYMENT DEPARTMENT

JUDGEMENT

(1.) AS the common question of law and facts are involved in these two writ petitions, common order is being passed. For the sake of brevity, facts have been taken from W.P.No.12778 of 2009.

(2.) THE petitioners, in these two writ petitions, have approached this Court with a prayer for issuance of a writ in the nature of mandamus, directing respondents 1 to 3 to implement the order passed by the learned Labour Court under Section 33(C) (2) of the Industrial Disputes Act (hereinafter referred to as the Act). THE petitioners, in these two writ petitions, were dismissed from service. Against which, they raised an industrial dispute before the Conciliation Officer. After failure of conciliations, the matter was taken to the learned Labour Court, Vellore, where the management filed counter statement. However, thereafter, due to non-appearance of the management, an ex-party award was passed in favour of the petitioners. As the Labour Court award was not honored, the petitioners again approached the learned Labour Court for commutation of the benefit under the award by moving application under Section 33(C)(2) of the Act. THE petition was allowed.

(3.) THE case of the petitioners is that in spite of G.O.Ms.Nos.111 and 112, dated 24.02.2009, directing the District Collector, to recover the amounts due to the petitioners, till date, no action has been taken.