INDIAN BANK Vs. W. J. SUBRAMANIAM

JUDGEMENT

(1.) This appeal, by the Branch Manager, Indian Bank, Assets Recovery Management Branch - I, Chennai - 600008, is directed against the order and direction issued in Contempt Petition No.1320 of 2010 filed by W.J.Subramaniam, who is the first respondent in this appeal, who is since deceased, and the legal heirs have been impleaded as respondents in the place of the deceased first respondent. The second respondent in this appeal is the Collector of Chennai.

(2.) We have heard Mr.Jeyash B.Dolia, assisted by Mr.V.Kalyanaraman, learned counsel for the appellant, Mr.V.Elango, learned Government Pleader for the second respondent and Mr.V.B.Thirupathi Kumar, learned counsel for the respondents 3 to 5.

(3.) The appellant-Bank has filed this appeal on the ground that the deceased first respondent was an employee of an individual, who borrowed a loan from the appellant-Bank and defaulted in re-payment. Consequently, the Bank initiated recovery proceedings and proceeded against the secured asset of the first respondent's employer. It appears that the first respondent had filed a computation petition before the Principal Labour Court under Section 33-C(2) of the Industrial Disputes Act to compute the wages payable to him by his employer. The Principal Labour Court, by order dated 28.11.1995, computed the wages payable. Since the amount could not be recovered, the deceased first respondent approached the District Collector of Chennai to initiate recovery proceedings by resorting to the provisions of the Revenue Recovery Act.