IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 3055 of 2009(L) ------------------------------------- ID.67/1995 of LABOUR COURT, ERNAKULAM ............................... PETITIONER(S): --------------------- JITHU SINGH, PDDP CENTRAL SOCIETY, MATTOOR, KALADY. BY ADV. SRI.P.RAMAKRISHNAN SRI.T.C.KRISHNA RESPONDENT(S): ----------------------- 1. REGIONAL JOINT LABOUR COMMISSIONER, ERNAKULAM. 2. THE DISTRICT LABOUR OFFICER, ERNAKULAM, KAKKANAD. 3. THE DISTRICT COLLECTOR, ERNAKULAM. 4. THE SPECIAL TAHSILDAR (RR) KANAYANNUR TALUK. 5. VEEKSHANAM PRESS, RPRESENTED BY ITS MANAGER, VEEKSHANAM ROAD, ERNAKULAM. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 3055 OF 2009 (L) ==================== Dated this the 9th day of February, 2009 J U D G M E N T The grievance of the petitioner is regarding the failure on the part of the respondents to ensure the implementation of Ext.P1 award and also to effect recovery as ordered by Ext.P2 order under Section 33(C) 2 of the Industrial Disputes Act. 2. Ext.P1 award shows that the Labour Court ordered reinstatement of the petitioner with back wages and other attendant benefits. The award was rendered on 21st of November, 2000. Ext.P2 is an order passed by the Labour Court under Section 33(C) 2 of the Industrial Disputes Act on 9th of January, 2001, directing payment of Rs.16,388/- with interest thereon. Petitioner submits that despite requests made, the employer has not so far reinstated the petitioner nor has the employer paid the amount due under Ext.P2. In these circumstances, the petitioner has made Ext.P4 complaint before the 2nd respondent praying for the implementation of the award and also recovery of the amount due. 3. In my view, if the award is not complied with, employer is liable for prosecution and if the amount is not paid, the authorities are bound to recover the same. When these are the reliefs that are sought by WPC 3055/09 :2 : the petitioner in Ext.P4 complaint made by him to the 2nd respondent, it is the duty of the 2nd respondent to take necessary steps for ensuring that the workmen enjoys the fruits of the award and the order. 4. As the petitioner complains that there has been failure on the part of the 2nd respondent in this behalf, I direct the 2nd respondent to take appropriate action on Ext.P4 as sought for by the petitioner. This shall be done, as expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp