High Court Kerala High Court

M/S.C.K.Thavoo And Company vs The Deputy Tahsildar (Rr) on 6 January, 2009

Kerala High Court
M/S.C.K.Thavoo And Company vs The Deputy Tahsildar (Rr) on 6 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35016 of 2008(R)


1. M/S.C.K.THAVOO AND COMPANY,
                      ...  Petitioner

                        Vs



1. THE DEPUTY TAHSILDAR (RR),
                       ...       Respondent

2. THE VILLAGE OFFICER, KUNNAMKULAM,

3. DISTRICT LABOUR OFFICER, THRISSUR

4. C.C.JOHNSON, S/O.CHERUKUTTY,

                For Petitioner  :SRI.JIJO PAUL

                For Respondent  :SRI.A.JAYASANKAR

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :06/01/2009

 O R D E R
                                  K.M.JOSEPH, J.
                       - - - - - - - - - - - - - - - - - - - - - - - - -
                          WP.(C) No. 35016 of 2008
                       - - - - - - - - - - - - - - - - - - - - - - - - -
                      Dated this the 6th day of January, 2009

                                     JUDGMENT

The fourth respondent was an employee of the petitioner. A

dispute was raised by the fourth respondent under the Industrial Disputes

Act culminating in Ext.P1 award, by which it was found that the denial of

employment was not justifiable and ordered reinstatement in service with

50% backwages. The writ petition filed as also the writ appeal filed were

unsuccessful. The fourth respondent appears to have approached the third

respondent under Section 33C(1) of the Industrial Disputes Act vide Ext.P3

application. Ext.P4 is relied on by the petitioner. It is the further case of the

petitioner that when the writ appeal was pending, petitioner had filed I.A.

No.903 of 2008 and the Division Bench passed Ext.P8 order of stay. The

writ appeal was dismissed . According to the petitioner, the petitioner had

paid an amount of Rs.88,200/- to the fourth respondent with the intention of

settling the matter out of court. Ext.P9 is produced as the receipt. The

challenge is against recovery proceedings. The substantial ground taken is

that until the amount due as per Ext.P1 award is quantified, respondents 1 to

3 have no jurisdiction to proceed for recovering the amount, and under

Section 33C(2) of of the Industrial Disputes Act, the Labour Court alone

WPC.35016/2008. 2

has jurisdiction to decide the question regarding computation of amounts

due under an award.

Having heard learned counsel for the parties, I feel that the

aforesaid position canvassed is the correct position in law. In such

circumstances, the writ petition is only to be allowed and Exts.P5 and P6 are

quashed. However, I make it clear that this will be without prejudice to the

right of the fourth respondent to seek quantification of the amount payable

under the law in the appropriate forum and to work out his remedies in

accordance with law.

(K.M. JOSEPH, JUDGE)

sb