M THARMARAJ Vs. DISTRICT COLLECTOR TUTICORIN

JUDGEMENT

(1.) THE petitioner, who is an employer, is running a Spinning Mill. The deceased Sethu asari was working as a carpenter in the said spinning mill and he died due to an accident during the course of his employment. The accident took place on 19th May, 1999. Thereafter, a claim application under the workmen's Compensation Act was made against the writ petitioner, which finally resulted in the Additional Workmen's compensation Commissioner ordering a sum of Rs. 1,17,410/- in favour of the legal representatives of the deceased Sethu Asari.

(2.) ACCORDING to the convenience of the parties, the matter was heard by the Additional labour Commissioner, Chennai, though the accident had taken place at Thoothukudi. The Additional Labour Commissioner has requested the District Collector, Tuticorin, who is the first respondent herein, by an order dated 3rd August, 2004 to recover the said sum as an arrear of land revenue under the revenue Recovery Act from the writ petitioner.

(3.) UNDER Section 31 of the Workmen's compensation Act, 1923, the Commissioner shall be deemed to be a public officer within the meaning of Section 5 of the Revenue recovery Act, 1890. The Commissioner may recover any such arrear of land revenue on any amount payable by any person underthe said Act. Obviously, since the Commissioner of Chennai does not have any direct recovery machinery, he has requested the revenue authorities to recover the said amount. This order is under challenge in this writ petition.