1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13/06/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.3582 of 2011 S.Thirumalai ... Petitioner Vs 1.The Secretary to Government Labour and Employment Department St. Fort George, Chennai. 2.The Presiding Officer, Labour Court, Tirunelveli. 3.The Management, Ramalakshmi Roadways Perumalpuram Tirunelveli 627 002. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondents 1 and 2 to recover the amount from the third respondent on the basis of the order made in C.P.No.19 of 2008 dated 30.04.2009 and C.P.No.57 of 2008 dated 29.07.2009 and pay the same to the petitioner forthwith. For petitioner ...Mr.M.V.Venkataseshan For Respondent No.1 ...Mr.T.S.Mohammed Mohideen Additional Government Pleader O R D E R Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 2. Though notice has been served on the third respondent, the third respondent has not chosen to appear before this Court either in person or through any counsel. Since the second respondent is the Presiding Officer of the Labour Court, no notice is required to him. Hence, the matter is taken up for final hearing. 3. The petitioner has come up with the present writ petition for a mandamus directing the respondents 1 and 2 to recover the amount from the third respondent on the basis of the order made in C.P.No.19 of 2008 dated 30.04.2009 and C.P.No.57 of 2008 dated 29.07.2009 and pay the same to the petitioner forthwith. 4. The case of the petitioner is that he was appointed as Driver by the third respondent management on 01.06.1991. While so, on 23.01.2001, the third respondent has orally terminated him from service without any enquiry. Therefore, the petitioner raised industrial dispute before the second respondent in IDOP No.72 of 2001. After elaborate enquiry, the second respondent has found that the termination order is illegal and directed the third respondent management to reinstate the petitioner into service. That apart the https://hcservices.ecourts.gov.in/hcservices/ 2 second respondent has directed the third respondent to pay back wages and other monetary benefits from 23.01.2001 onwards by an order dated 16.08.2007. However, the third respondent has neither complied with the order nor challenge the order of the second respondent. Therefore, the petitioner filed a claim petition in C.P.No.19 of 2008 before the second respondent and the same was allowed by the second respondent on 30.04.2009. Thereafter, the petitioner filed another claim petition in C.P.No.57 of 2008 for the subsequent period and the same was allowed on 29.07.2009. 5. In the meanwhile, the Government of Tamil Nadu brought an amendment inserting Section 11(b) of the Industrial Disputes Act (which has come into force from 7th November 2008). In and by which, the Labour Court has got the power to execute an award as a Civil Court. The petitioner, therefore, made an application before the second respondent. But, the said application was not taken up by the second respondent and hence, the petitioner has come up with the present writ petition for the relief set out earlier. 6. Considering the facts and circumstances, I direct the second respondent to entertain the application preferred by the petitioner and pass appropriate orders in consonance with Section 11 (b) of the Industrial Disputes Act 1947. The said exercise has to be carried out by the second respondent within a period of three months from the date of receipt of a copy of this order. The Writ Petition is ordered accordingly. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government of Tamil Nadu, Labour and Employment Department St. Fort George, Chennai. 2.The Presiding Officer, Labour Court, Tirunelveli. 3.The Management, Ramalakshmi Roadways Perumalpuram, Tirunelveli. +1cc to Mr.T.S.Mohamed Mohideen, APP., Sr.No.18286 W.P.(MD) No.3582 of 2011 13.06.2011 RR SMA/27.6.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/