Disposed

R.Govindarajan v. The District Collector

Madras HC4 Apr 2018WP/5988/2018

Case brief

AI extract

What is this about?

The petitioner sought a writ directing the District Collector to recover an award amount under the Revenue Recovery Act. The Court held that Section 11B of the Industrial Disputes Act empowers the Labour Court to execute its awards, rendering a writ petition for implementation unnecessary, and closed the petition allowing the petitioner to seek execution through proper court procedures.

What did the court decide?

Petitioner granted liberty to approach the concerned court for execution of the award ordered by the Labour Court. No further action in Writ Petition.

R.Govindarajan Vs The District Collector — Pension and Retirement Benefits | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.04.2018 CORAM

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The Honourable Mr. Justice S.M.SUBRAMANIAM

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W.P.No.5988 of 2018

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R.Govindarajan ...Petitioner

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Versus

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The District Collector, Cuddalore District, At Cuddalore.

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The Managing Director, Tamil Nadu State Transport Corporation Ltd., Kumbbakonam, Thanjavur District.

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The Branch Manager, Tamil Nadu State Transport Corporation Ltd., Chidambaram Branch, Chidambaram, Cuddalore District. ... Respondents

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Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 29.01.2018 and thereby direct him to initiate appropriate action against the respondents 2 and 3 under the Revenue Recovery Act in respect of recover the award amount a sum of Rs.15,62,042/passed in C.P.No.58/2014 dated 01.11.2017 on the file of Learned Labour Court, Cuddalore in favour of petitioner and pay the same to him without any further delay.

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For Petitioner : Mr.S.T.Natramil Kaviarasan For Respondent 1 : Mr.J.Ramesh, Additional Government Pleader

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The relief sought for in this Writ petition is for a direction to the first respondent to consider the petitioner's representation dated 29.01.2018 and thereby, direct him to initiate appropriate action against the respondents 2 & 3 under the Revenue Recovery Act in respect of recover the award amount a sum of Rs.15,62,042/- passed in C.P.No.58/2014 dated 01.11.2017.

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https://hcservices.ecourts.gov.in/hcservices/

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The execution of an award has to be done in accordance with Section 11B of the Industrial Disputes Act. Section 11B of the said Act provides a power of Labour Court or Tribunal to execute its award by decree etc. The Labour Court or Tribunal shall have the power of the Civil Court to execute the award as a decree of Civil Court and also execute any settlement of the Civil Court as defined in Clause B of Section 2 as a decree. When there is a provision for execution of an order or award passed by the Labour Court, this Court need not entertain the Writ Petition for the purpose of issuing a direction to implement the order or award passed by the Labour Court. Thus, the petitioner is granted with the liberty to approach the concerned court of law for the purpose of execution of an order passed on 01.11.2017 and by following the procedures, contemplated.

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In view of the provision for execution of the Order of
the Labour Court, no further adjudication is required in this
Writ Petition and the same is closed. No costs.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
ggi
To
1. The District Collector,
Cuddalore District,
At Cuddalore.

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+1cc to Mr.A.Rajeshkanna Advocate, S.R.No.24765

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W.P.No.5988 of 2018 NRI(CO) RRK(28/04/2018)

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https://hcservices.ecourts.gov.in/hcservices/

R.Govindarajan v. The District Collector

Case brief

What is this about?

What did the court decide?

R.Govindarajan v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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