IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 21947 of 2004(A) -------------------------- PETITIONER(S): --------------- SHANTILAL S/O. RATANSHI, RESIDING AT 5/1050A, A.M.CROSS ROAD, KOCHI-2. BY ADV. SRI.SHANTILAL (PARTY-IN-PERSON) RESPONDENT(S): --------------- 1. STAE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF LABOUR, SECRETARIATE THIRUVANANTHAPURAM. 2. THE DISTRICT LABOR OFFICER, ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI. 3. SRI.K.BABU, KONEEKODATHU HOUSE, MULAVUKADU NORTH, KOCHI-682 201. 4. SMT.LAKSHMI, W/O. LATE R.RAMAN, KUZELIPARAMBU, ERAVELLY ROAD, HOUSE NO.V/1091, KOCHI 682 002. ADV. SRI.K.S.MADHUSOODANAN FOR R3 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2009,S THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C. NO. 21947/2004. -------------------------------------------------------------------- EXT.P1 TRUE COPY OF CLAIM STATEMENT DT. 11-4-1996. EXT.P2 STATEMENT DT. 16-5-1997. EXT.P3 AWARD IN I.D.NO. 3/1996 DT. 31-12-2001. EXT.P4 C.P.NO. 74/2003 DT. 23-11-2003. EXT.P5 ORDER DT. 28-1-2004. EXT.P6 TRUE COPY OF SHOW CAUSE NOTICE. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 21947 of 2004 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 10th December, 2009. J U D G M E N T The petitioner is the management in I.D.No. 3/1996 before the Labour Court, Ernakulam, wherein the industrial dispute raised by the 3rd respondent and the husband of the 4th respondent regarding illegal termination from service was adjudicated. During the pendency of the I.D, the husband of the 4th respondent died. The Labour Court passed Ext. P3 award in that I.D, directing reinstatement of the 3rd respondent and payment of back wages to the 4th respondent herein as the legal heir of her husband at the rate of Rs. 20/- per day, taking 25 days' in a month with effect from February, 1995 to 27-7-1997. Respondents 3 and 4 approached the Labour Court for computing the amounts due to them as per the award, which resulted in Ext. P5 order, whereby the Labour Court directed payment of an amount of Rs.55,533/- to the 3rd respondent and an amount of Rs. 15,000/- to the 4th respondent. Pursuant thereto, Ext. P6 show cause notice was issued by the District Labour officer to the petitioner directing him to show cause why revenue recovery proceedings should not be initiated against him for realisation of the said amounts under Section 33C(1) of the Industrial Disputes Act, 1947. That show cause notice is under challenge before me. 2. Although, originally, the writ petition was filed through an advocate, the advocate later relinquished vakalath. When the matter was taken up today for hearing, none appears for the the petitioner. The petitioner is also not present. Learned counsel for respondents 3 and 4 submits that the case of the 3rd respondent has been finally settled between the parties and as far as the 4th respondent is concerned, she is ready to settle the matter by receiving Rs. 7,500/- more. W.P.C. No. 21947/04 -: 2 :- 3. I have considered the validity of the award as well as the order under Section 33C(2), which is Ext. P2. I do not find any infirmity in the same. In the above circumstances, recording the submission of the counsel for respondents 3 and 4 that the dispute between the 3rd respondent and the petitioner has been finally settled and the 4th respondent is prepared to accept Rs. 7,500/- towards the balance amount due to her, this writ petition is disposed of. The petitioner shall pay the said amount within one month, failing which the 2nd respondent shall take appropriate steps to recover that amount from the petitioner and pay it to the 4th respondent within a period of another one month therefrom. Sd/- S. Siri Jagan, Judge. Tds/