AUGUSTINNO FERNANDES Vs. MAMLATDAR OF MORMUGAO

JUDGEMENT

(1.) The short question that this writ petition gives rise to is whether, after having issued a certificate under Section 33-C of the Industrial Disputes Act, 1947, the Labour Commissioner is entitled to modify the said certificate when the same was already before the Court of Recovery of Arrears of Land Revenue.

(2.) The petitioner is an employee working for M/s. Chowgule Engineering Co. Pvt. Ltd. By a letter dated 24th August, 1978, he was dismissed from service with immediate effect. An industrial dispute was raised, and, ultimately, the Industrial Tribunal, by award dated 11th December, 1985, set aside the punishment of dismissal and changed it to one of a week's suspension. Thereafter, the petitioner gave a notice dated 7th January, 1986 to the fifth respondent, demanding his reinstatement and payment of the back wages as awarded by the Industrial Tribunal. No reply was given by the fifth respondent and, therefore, the petitioner preferred an application under Section 33-C(1) of the Industrial Disputes Act to the Labour and Employment Commissioner for recovery of his back wages from the date of termination of services till December 1985. Despite several notice, the fifth respondent failed to pay the back wages and, therefore, the petitioner filed a detailed statement of his claim specifying his monthly wages wages from April, 1978 till December, 1985. Finally, the fourth respondent issued a notice to the employers directing them to pay a sum of Rs. 84,576.85 towards the back wages from 1st April, 1978 to 31st December, 1985. Even after the said notice was given, the fifth respondent failed to reply to the same and, therefore, a certificate was issued by the fourth respondent to the Collector of Goa, for the purpose of recovering the above mentioned amount as arrears of land revenue as provided in Section 33-C(1). The said certificate was sent to the Mamlatdar of Mormugao Taluka for execution.

(3.) After the receipt of the said demand notice, the fifth respondent filed a writ petition in this Court challenging the award of the Industrial Tribunal as well as the demand notice issued by the Mamlatdar. By order dated 25th September, 1986, the said writ petition was dismissed at the time of admission itself. After this dismissal, the fifth respondent wrote a letter to the petitioner communicating its willingness to reinstate him and directing him to report for duties within 15 days from the receipt. It was further stated that the fifth respondent was willing to pay the amount of Rs. 89,548.82 towards the back wages up to 30th June, 1986, provided a certificate from the income-tax department under Section 89 of the Income-Tax Act was produced. But, thereafter, the Labour Commissioner sent a letter to the Mamlatdar of Mormugo Taluka stating that the fifth respondent should be allowed to make statutory deductions from the wages payable to the petitioner which would include not only the income-tax deductions, but also those towards E.S.I., provident fund, etc.