IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 WP(C).No. 9756 of 2011(T) ------------------------- PETITIONER(S): --------------- PATHANAMTHITTA JILLA FACTORY WORKERS UNION (AITUC), CHENGAZHASSERIL, THOTTABHAGOM.P.O, PIN 0- 689 541, THIRUVALLA, REPRESENTED BY GENERAL SECRETARY, KRISHNAN PILLAI.C.N. BY ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE SRI.S.SHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. INDIAN OVERSEAS BANK, THIRUVALLA BRANCH, M.C. ROAD, THIRUVALLA- 689 101. 3. INDIAN OVERSEAS BANK, SOWCARPET BRANCH, CHENNAI - 600 003, REP. BY THE CHIEF MANAGER. 4. M/S. UNITED TROPICAL VENEERS LTD., PADINJATTAM CHERRY, KAVIYUR VILLAGE, THIRUVALLA - 689 582. 5. DEBTS RECOVERY TRIBUNAL, NO.II, 4TH FLOOR, SPENCER TOWERS, 770-A, ANNA SALAI, CHENNAI - 600 00. 6. VEERESH V. SUTARIA, S/O. VASANTH KUMAR SUTARIA, LINK LAKSHMAN APARTMENT, 12TH FLOOR, NO.12-D, VALANJAMBALAM TEMPLE, COCHIN - 682 016. 7. THE LABOUR COMMISSIONER, THIRUVANANTHAPURAM - 695 001. W.P.(C) No.9756/2011 2 8. DISTRICT LABOUR OFFICER, MARKET ROAD, PATHANAMTHITTA - 689 588. BY ADV. SRI.P.B.SURESH KUMAR, SC,I.O.BANK FOR R2 &3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.9756 of 2011 ------------------------------- Dated this the 7th day of April, 2011 J U D G M E N T The petitioner, a trade union of workers employed in the fourth respondent company has filed this writ petition seeking a direction to the respondents not to sell the immovable property till arrears of pay and allowances are given to the members of the petitioner's union and other consequential reliefs. Shorn of details, the claim of the petitioner union is that by virtue of section 529A of the Companies Act, the members of the petitioner union and other workers of the fourth respondent company are entitled to have the arrears of wages disbursed to them and without making adequate safeguards in that regard, it may not be proper to sell the immovable property. The issue raised by the petitioner is covered against them by the decision of this Court in Sasidharan Pillai v. Indian Overseas Bank (2011 (1) KLT 137) wherein in the writ petition filed by a workman of the fourth respondent company, it was held that the proceedings initiated by the Recovery Officer pursuant to the judgment of the Debts Recovery Tribunal cannot be interfered with and no direction can be issued for payment of any sum to the workers out of the amounts recovered by the Recovery Officer. In the light of the said decision, no relief can be W.P.(C) No.9756 of 2011 2 granted to the petitioner. The writ petition fails and is accordingly dismissed. P.N. RAVINDRAN, JUDGE. nj.