The petitioner sought directions to realize dues awarded in favour of him and others. The court found that no action for recovery could be taken as the respondent company was closed, assets disposed off, and due to multiple defaults, no assets were available to secure the amount.
Petitioner's prayer for directions to realize the awarded amount was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 20TH DAY OF MAY 2016/20TH VAISAKHA 1938
WP(C).No. 5370 of 2011 (U)
PETITIONER:
AYYAPPAN, S/O.LATE KITTA EZHUTHACHAN, AGED 47 YEARS, PLAYIKKAL HOUSE, KADUKKAMKUNNAM P.O., AKKARAKKADU, PALAKKAD DISTRICT.
BY ADVS.SRI.BINOY VASUDEVAN SMT.P.G.BABITHA
RESPONDENT(S):
3.M/S.STAR CARBIDE PVT.LTD., REPRESENTED BY ITS MANAGING DIRECTOR, KANJIKODE, PALAKKAD - 678 621.
R1 & R2 BY GOVERNMENT PLEADER SRI.MANZOOR ALI R3 BY ADVS. SRI.A.JAYASANKAR SRI.MANU GOVIND
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 5370 of 2011 (U)
APPENDIX
PETITIONERS’ EXHIBITS:
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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P.V.ASHA J.
--------------------------------------------
W.P.(C) No.5370 of 2011
--------------------------------------------- Dated this the 20th day of May, 2016
J U D G M E N T
As per Ext.P1 award, the Industrial Tribunal, Palakkad declared that denial of work to petitioner and 12 others under the 3rd respondent, was unjustifiable. C.P.No.18/2007 was filed before the Labour Court, Kozhikode for realizing the amount covered by the award in which directions were issued in its award dated 11.12.2008 to pay the arrears due to petitioner and others. This writ petition is filed alleging that the respondents 1 and 2 are not taking any action under the Revenue Recovery Act to realize the amount covered by the award in C.P.No.18/2007 and seeking for directions to the respondents 1 and 2 to initiate action to realize the amount and disburse the same to him.
W.P.(C) No.5370 of 2011
2
letter dated 04.12.2009. But it was found that the 3rd respondent Company had defaulted payments with Sales Tax Department, KSEB and State Bank of Travancore. The assets of the Company was already sold and deposited before the Debt Recovery Tribunal, Ernakulam. It was further stated that the Tahasildar, Palakkad had already explored all the possibilities under the Kerala Revenue Recovery Act and could not find any possible measures to secure the amount covered by the award.
W.P.(C) No.5370 of 2011
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Company, is already closed.
This writ petition is dismissed accordingly.
Sd/- P.V.ASHA, JUDGE.
AS/23/5/16
3 issues framed by the court
Whether the District Labour Officer and District Collector were inactive in realizing the dues awarded by the Industrial Tribunal and Labour Court.
Whether directions should be issued to the respondents to initiate action to realize and disburse the awarded amount.
Whether the payment of dues was feasible when the 3rd respondent company had no assets and had closed down.
Ayyappan
The District Labour Officer, Palakkad
The District Collector, Palakkad
M/s. Star Carbide Pvt. Ltd.
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
