D.NAGARAJAN Vs. THE SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition has been filed, seeking a direction to the respondents 2 and 3 to take necessary steps to implement the Award dated 24.01.2012 in I.D.No.90 of 2011 passed by the Labour Court, Vellore.

(2.) Heard both sides and perused the materials available on record.

(3.) A reading of the representation dated 16.06.2014 made by the Petitioner is very clear that the petitioner wanted the Award to be implemented, as the Management had not complied with the Award. It is to be noted that in case of non-implementation of the Award, it is open to the petitioner to initiate criminal prosecution against persons falling under Section 32 of the I.D.Act, 1947 the officers concerned, who are liable to implement the Award. If any complaint under Section 29 is made by the petitioner, criminal action should be taken against the officers, who are responsible for implementing the order, and the Government will have to sanction prosecution against those persons to bring the issue into logical end. The Government shall also take into account the principles laid down in the decision of the Apex Court in the case of Rajkumar Gupta vs. Lt. Governor, Delhi reported in 1997 (1) LLJ 994. This Court wants to point out that when the petitioner seeks for implementation of the Award, it is open to him to seek the claim under Section 33C(1) read with Section 11 B of the Industrial Disputes Act, 1947 and the admitted amount can be determined in the light of the decision of the Apex Court in the case of Fabril Gasosa vs. Labour Commissioner. reported in (1997) 3 SCC 150 and in case of disputed amount, the disputed portion can be adjudicated and computed by the appropriate Labour Court, when an application under Section 33C(2) of the Industrial Disputes Act, 1947 is filed.