MALOUT TRANSPORT COMPANY PRIVATE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition is under Article 226 of the Constitution of India praying for a writ in the nature of mandamus prohibiting the respondents from recovering the amount of Rs. 16,185/- in respect of a recovery certificate granted by the Labour commissioner, respondent No. 2.

(2.) THE facts giving rise to the present petition briefly stated are that the petitioner, a motor transport private limited company (hereafter to be referred as Company)plied buses from Muktsar on several routes. It appears that on a dispute arising between the employer transport company and its workmen on 9-6-1955, a settlement under Section 12 (3) of the Industrial Disputes Act between the company and the workmen had been arrived at and to view of item No. 10 of the settlement, which is in the following terms--

(3.) THE petition relating to the claim, the basis of the recovery certificate, was said to have been made by the workmen to the Labour Commissioner on the 20th of april, 1958. The said application was on behalf of thirty-four persons claiming night allowance on the basis of item No. 10 of the settlement dated the 9th of june, 1955, for remaining away from the head office. It transpires that the Labour Commissions caused a letter to issue to the company to show cause in this respect on 24th of May, 1958, and on no response having been made an ex parte order resulted followed by the issuance of a certificate for the recovery of Rs. 16,185/- which was sent to the Tehsildar for recovery of the amount as arrears fit land revenue. The. document received by the company and attached to the petition is Annexure 'b'. The said document reciting the charge of Rs. 16,185/- and seeking to recover the said amount as arrears of land revenue gave rise to the cause, subject-matter of this writ application. The application challenges that the order was wholly without jurisdiction.