MAHAVIR PLANTATION PVT LTD. Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The order issued by the 1st respondent in G.O.Ms.No.423, Labour and Employment dated 31.07.2017 is sought to be quashed in the present writ petition.

(2.) A perusal of the impugned order issued in G.O.D.No.423, the same is the Recovery Certificate issued under Section 33(C)(1) of the Industrial Disputes Act by the 1st respondent. The Government issued an order to recover Rs.8,11,52,000/-(Rupees Eight Crore Eleven Lakhs Fifty Two Thousand only) from the writ petitioner namely M/s.Mahavir Plantations Private Limited and settle the amount to the workmen, who served in the petitioner Plantations.

(3.) Challenging the said order, the learned Senior counsel appearing on behalf of the writ petitioner Plantation made a submission that proper scrutinizations were not done by the Government in calculating and disbursing the wages and other benefits to the workmen, who worked in the petitioner Plantation. The 1 st respondent Government has not considered the reply submitted by the writ petitioner on 30.01.2017 and no opportunity was provided before issuing the impugned Recovery Certificate. When the writ petitioner has requested for a personal hearing, the same was not provided and therefore, the impugned order is liable to be scrapped.