1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.5166 of 2011 J.Ravi : Petitioner Vs. 1.The Secretary to Government, Labour and Employment Department, Fort St. George, Chennai. 2.The Presiding Officer, Labour Court, Tirunelveli. 3.The Management, TWAD Board, Tirunelveli Kanyakumari Circle, Shanthi Nagar, Palayamkottai, Tirunelveli-627 002. 4.The Managing Director, TWAD Board, Chepauk, Chennai-5. 5.The Executive Engineer, TWAD Board, Toovipuram, Thoothukudi. 6.The Executive Officer, TWAD Board, Maintenance Division, Observatory Street, Nagercoil. : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Mandamus directing the respondents 1 and 2 to recover the amount due from the respondents 4 to 6 on the basis of the order made in C.P.No.27 of 2002 and 77 of 2005, dated 19.11.2008 and pay the same to the petitioner. For Petitioner : Mr.S.Kumar for Mr.M.V.Venkataseshan For Respondents : Mr.TS.MD.Mohideen for R1 Additional Government Pleader Mr.M.AjmalKhan for R3 to R6 https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER The petitioner got certain amount computed by the second respondent, Labour Court, Tirunelveli in C.P.Nos.27 of 2002 and 77 of 2005, dated 19.11.2008 and the amount is computed pursuant to the award passed by the Labour Court in I.D.No.450 of 1992 dated 13.09.1994. When the petitioner approached the State namely, the first respondent, seeking for a revenue recovery certificate for recovering the amount from the respondent 3 to 6, the State Government informed the petitioner that the workman can approach the concerned Labour Court for executing the order as the State Government had issued G.O.Ms.No.134, Labour Employment Department, dated 07.11.2008 that the orders passed by the Labour Court can be executed by the same Labour Court in view of the introduction of Section 11(B) of the Industrial Disputes Act, 1947 (hereinafter referred as the Act) by the State amendment. After the advice given by the first respondent, the petitioner has filed the execution petition before the second respondent Labour Court and the same is un-numbered. 2. The petitioner has not set out why he has not pursuing the execution petition by invoking the execution power vested with the Labour Court in terms of Section 11(B) of the Act. In the affidavit filed in support of the petition, the petitioner has stated that the Labour Court has not taking any action and therefore, he approached this Court under Article 226 of the Constitution. 3. It is rather sorry state of affairs, wherein when a workman comes before the Labour Court and makes an application, the Labour Court is not taking any steps. Earlier, confusion was created by the first respondent by the introduction of the Central amendment to the Industrial Disputes Act. Whether the State amendment become repugnant in terms of Article 254(2) was resolved by this Court in the Judgment reported in 2011 (4) CTC 118 (S.Gunasekaran V. The Government of Tamil Nadu), wherein this Court held that the State amendment made to the Industrial Disputes Act was valid and the State Government must supply necessary infrastructure and machineries to the Labour Court. 4. In such view of the matter, the petitioner is directed to pursue the execution petition filed before the Labour Court and the second respondent Labour Court shall entertain the execution application filed under Section 11(B) of the Act and deal with the same on merits. 5. With the above observations, the writ petition stands dismissed. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Secretary to Government, Labour and Employment Department, Fort St. George, Chennai. 2.The Presiding Officer, Labour Court, Tirunelveli. 3.The Management, TWAD Board, Tirunelveli Kanyakumari Circle, Shanthi Nagar, Palayamkottai, Tirunelveli-627 002. 4.The Managing Director, TWAD Board, Chepauk, Chennai-5. 5.The Executive Engineer, TWAD Board, Toovipuram, Thoothukudi. 6.The Executive Officer, TWAD Board, Maintenance Division, Observatory Street, Nagercoil. +1 CC to Additional Government Pleader (SR.No.35846) Order made in W.P.(MD)No.5166 of 2011 14.10.2011 jikr NSV/31.10.11/3P/8C https://hcservices.ecourts.gov.in/hcservices/