K VISWAN Vs. VIJAYAKUMAR

JUDGEMENT

(1.) THE above contempt petition has been filed praying that this Court may be pleased to punish the respondent for wilfully disobeying the order, dated 18.6.2004, made in W.P.No.16557 of 2004.

(2.) IT is submitted by the petitioner that he was working in Union Motor Services from the year 1983 to 2001. After he had resigned from his post in the year 2001, his gratuity amount had remained unpaid. Therefore, the petitioner had filed a claim petition before the Assistant Commissioner (Labour), Coimbatore, in G.A.No.369 of 2002. By an order, dated 23.4.2003, an award had been passed for a sum of Rs.44,653/- payable within 30 days. In spite of the award, the gratuity amount had not been paid as awarded and therefore, the petitioner had made a representation to the respondent to initiate revenue recovery proceedings for recovering the said amount from the second respondent in the writ petition. Since no effective steps were taken by the respondent, the petitioner had filed a writ petition before this Court in W.P.No.16557 of 2004. By an order, dated 18.6.2004, this Court had directed the respondent to realise the money determined by the award, dated 23.4.2003, in G.A.No.369 of 2002, on the file of the Assistant Commissioner (Labour), Coimbatore. The respondent was also directed to disburse the amount to the petitioner, on or before 31.8.2004. However, it was also made clear by the said order that if there was any legal disability for the first respondent to take such action, then the said order would not have effect.

(3.) THE learned Government Advocate appearing for the respondent had further submitted that the respondent had taken all necessary steps pursuant to the direction issued by this Court, by its order, dated 18.6.2004. However, only due to the fact that the petitioner had not given the correct address of Sonia Srinivasan, further action could not be taken.