Court No. - 2
Case :- WRIT - C No. - 10901 of 2018 Petitioner :- Ramesh Chandra Respondent :- Deputy Labour Commissioner Kanpur And 2 Others Counsel for Petitioner :- Surendra Nath Dubey Counsel for Respondent :- C.S.C.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Surendra Nath Dubey for the petitioner and Standing Counsel for State.
The writ petition has been filed for mandamus directing the Collector, respondent-2 to recover the arrears of wages of the petitioner as per recovery certificate dated 8.5.2017.
It has been stated that on the application of the petitioner industrial dispute was referred to Labour Court relating to termination of service with effect from 28.5.2008. The Labour Court has awarded reference on 22.3.2013 and directed for reinstatement of petitioner in service along with 25 % of back wages. In spite of the award dated 22.3.2013, respondent-3 did not comply with the award, therefore, petitioner moved an application before the Deputy Labour Commissioner for realization of amount relating to back wages of the petitioner under the award. The application of the petitioner was allowed by Assistant Labour Commissioner on 8.5.2017 and recovery certificate has been issued to the Collector for realizing the amount of Rs. 2,88,918.92. About ten months have been passed but the amount has not been realized till today.
The writ petition is disposed of with direction to the Collector to realize the amount in pursuance of the recovery certificate dated 8.5.2017 issued by Assistant Labour Commissioner and remit it to the Assistant Labour Commissioner within a period of two months from the date of producing a certified copy of this order before the authority concerned, if the impugned award has not been stayed from any higher court.
Order Date :- 27.3.2018 Rahul /-