HMM COACHES LTD Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner-management has approached this court challenging the recovery certificate issued by Labour Commissioner, Haryana for a sum of Rs. 1,50,000/- payable to the family of deceased- Mam Chand, in terms of which even Assistant Collector IInd Grade, Ambala had also issued summons to the petitioner on 12.6.2012 for appearance on 21.6.2012. Learned counsel for the petitioner submitted that as the deceased was not the workman, he could not approach the Labour Commissioner under the provisions of Section 33C(1) of the Industrial Disputes Act, 1947 (for short, 'the 1947 Act'). The petitioner in reply to the notice received from the Labour Commissioner had raised this objection. Without adjudicating the legal issue, directly a recovery certificate has been issued. He further submitted that a workman or his family could approach the Labour Commissioner only for recovery of the amount due under the 1947 Act. He further submitted that even in terms of the settlement arrived at between the management and the representatives of the employees working in the factory, after the death of Mam Chand, on 22.6.2009, the management had paid a sum of Rs. 4,10,000/- to the family of deceased-Mam Chand vide cheque dated 15.7.2009. At the most, in addition thereto Rs. 1,00,000/- had been undertaken to be paid by the management. The recovery could be sought only to that extent and not Rs. 1,50,000/-. At the time of settlement, it was agreed that Rs. 1,50,000/- were to be paid as a grant to the family of the deceased, out of which Rs. 1,00,000/- were to be paid by the management and Rs. 50,000/- by the staff working in the factory.

(2.) After hearing learned counsel for the petitioner, I do not find any merit in the present petition. As is evident from the settlement arrived at between the management and the representatives of the employees working in the factory of the petitioner, under Section 12(3) of the 1947 Act on account of death of Mam Chand while on duty, the management agreed to pay to the family of the deceased compensation as payable under the provisions of the Employees Compensation Act, 1923 (for short 'the 1923 Act'). In addition, it was agreed that the management will pay a sum of Rs. 1,00,000/- to the family of the deceased as a grant and another sum of Rs. 50,000/- will be paid by the employees working in the factory. In terms thereof, though the management had paid a sum of Rs. 4,10,000/- to the family of the deceased as payable under the 1923 Act vide cheque dated 15.7.2009, however, the amount of Rs. 1,00,000/- as settled on 22.6.2009 was not paid.

(3.) The widow and two minor children of deceased-Mam Chand filed application before the Labour Commissioner under Section 33C (1) of the 1947 Act. Though the management sought to raise legal objection regarding maintainability of the application and also the fact that even as per the settlement only Rs. 1,00,000/- were payable by the management, the Labour Commissioner issued certificate for recovery of Rs. 1,50,000/- against the petitioners, in terms of which even summons were issued by Assistant Collector IInd Grade, Ambala.