BLOCK DEVELOPMENT OFFICER Vs. DEPUTY COMMISSIONER OF LABOUR

JUDGEMENT

(1.) The Writ Petition has been filed challenging the order passed in P.W.No.3 of 2015, dated 11.05.2016. The Civil Revision Petition has been filed challenging the order passed in E.P.No.6 of 2018 in C.P.No.13 of 2017, dated 15.02.2019 on the file of the Labour Court, Madurai.

(2.) P.W.No.3 of 2015 has been filed by the revision petitioner herein before the Authority of Payment of Wages Act / the Deputy Commissioner of Labour, Madurai, for a dispersal of the arrear of salary. After hearing the parties, the Court below passed an order in favour of one Marimuthu, who is the fifth respondent in the writ petition. Challenging the said order, the writ petitioner filed the present writ petition stating that the said order was passed in ex-parte and consequently P.W.No.3 of 2015 was allowed without hearing the writ petitioner herein. Further, he submits that he is disputed the employer and employee relationship between the writ petitioner and the fifth respondent/Marimuthu.

(3.) On the other hand with regard to Execution Petition, since P.W.No.3 of 2015 was ordered in favour of Marimuthu, he preferred the application before the Labour Court and the Labour Court has also passed an award for a sum of Rs.1,71,000/- (Rupees One Lakh and Seventy One Thousand only) on 31.10.2017 in favour of Marimuthu. Against the said award, the said Marimuthu filed an Execution Petition before the Principal Officer, Labour Court, Madurai, in E.P.No.6 of 2018. Since the said Execution Petition, no one was appeared on behalf of the respondent therein, the Block Development Officer, Ilayangudi/ petitioner in the Civil Revision Petition, was set exparte and attachment and sale of the properties were ordered. Against the said order, the Civil Revision Petition has been filed by the Block Development Officer/ revision petitioner herein.