GANESAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner, who sustained injuries in an accident during the employment with the 3rd respondent, had filed W.C. No. 134 of 2004 for compensation. After considering the evidence let in, the Deputy Commissioner of Labour, Trichy (2nd respondent herein) vide award dated 9.1.2006 granted compensation of Rs. 2,33,816.16 to be paid by the 3rd respondent. It is the grievance of the petitioner that inspite of the communication of the copy of the said award, the 3rd respondent has failed to deposit the award amount into the credit of W.C. No. 134 of 2004 on the file of the Deputy Commissioner of Labour, Trichy. The 3rd respondent has not preferred any appeal. Thus, the award in W.C. No. 134 of 2004, dated 9.1.2006, has reached finality.

(2.) Since the 3rd respondent failed to deposit the award amount, the petitioner was constrained to file an application, dated 3.3.2006, for enforcement of the award and for recovery of award amount, with interest to the tune of Rs. 3,02,711.98. Thereafter, the Deputy Commissioner of Labour, Trichy, vide proceedings No. B4/2853/2006, dated 10.3.2006, has issued a notice to the 3rd respondent calling upon him to deposit the award amount of Rs. 2,33,816/- with interest at the rate of 12% from the date of accident, within 15 days from the date of receipt of the said notice. The Deputy Commissioner of Labour has further informed the 3rd respondent that if the award amount is not paid within the stipulated time, appropriate proceedings would be taken against him, under the Revenue Recovery Act. As the amount had not been deposited with the Deputy Commissioner of Labour, Trichy, within the stipulated time, the said Authority vide proceedings B4/2853/2006, dated 28.5.2006 has requested the District Collector, Coimbatore, to take action against the 3rd respondent under the Revenue Recovery Act.

(3.) It is the grievance of the petitioner that in spite of the statutory obligation on the part of the District Collector, Coimbatore, to recover the amount stated supra, no action has been taken under the Revenue Recovery Act, 1890 and hence, left with no other option, the petitioner has approached this Court for a mandamus.