Sri.Appayya S/O ... vs Deputy Commissioner,
2021 Latest Caselaw 3249 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

       DATED THIS THE 30TH DAY OF AUGUST, 2021
                            BEFORE
    THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
       WRIT PETITION NO. 106894/2016 (L-KSRTC)
BETWEEN:

Sri. Appayya
S/o. Chandramouleshwar Hosmath
Age: 61 years, Occ: Rtd. Driver
R/o. H.No.LIG 163, Gandhi Nagar
Gokul Road, Hubballi.
                                                      ... Petitioner
(By Sri. Ravi Hegde, Advocate)

AND:

Deputy Commissioner
Dharwad District
Dharwad.
                                                    ... Respondent
(By Sri. Vinayak S. Kulkarni, AGA)
                               ---

      This Writ Petition is filed under Articles 226 and 227 of the
Constitution of India praying to call for the entire records
pertaining to the original certificate issued by the Deputy Labour
Commissioner, Belagavi for recovery of the amount dated
16.03.2015 and issue a writ of mandamus or any other writ or
order directing the respondent to recover the amount within the
specified time as per Annexure-C dated 16.03.2015.

     This petition coming on for Preliminary Hearing in 'B'
Group this day, the Court made the following:
                                                              W.P.No.106894/2016

                                        2




                                      ORDER

Heard the learned counsel for the petitioner and

the learned AGA for the respondent.

2. Learned counsel for the petitioner submits

that the petitioner is seeking for a writ of mandamus

directing the respondent Deputy Commissioner to

recover the amount as per the Recovery Certificate

dated 16.03.2015 vide Annexure-C issued by the

Deputy Labour Commissioner within a time frame and

also issue further directions to release the amount

recovered in favour of the petitioner. He submits that

the matter is covered by the judgment of the

Coordinate Bench of this Court passed in

W.P.No.147330/2020, disposed of on 15.09.2020.

3. The material on record would go to show that

the Labour Court vide order dated 22.11.2013, had

allowed the application filed by the petitioner under

Section 33-C(2) of the Industrial Disputes Act, 1947 W.P.No.106894/2016

and had directed the respondent Management therein to

pay a sum of `4,05,365/- with interest at the rate of

6% from the date of order till realization of the entire

amount. As the Management had failed to comply with

the order passed by the Labour Court, the petitioner

had approached the Deputy Labour Commissioner,

seeking Recovery Certificate and considering the

application filed by the petitioner, the Deputy Labour

Commissioner, Belagavi, has issued the Recovery

Certificate under Section 33-C(1) of the Industrial

Disputes Act, 1947. However, the Deputy

Commissioner has not taken any action pursuant to the

said Recovery Certificate and it is under these

circumstances, the petitioner has approached this

Court.

4. It is not in dispute that the Deputy Labour

Commissioner had issued the Recovery Certificate dated

16.03.2015, vide Annexure-C and since the same has

not been implemented till date, as held by this Court in W.P.No.106894/2016

W.P.No.147330/2020, disposed of on 15.09.2020,

necessary directions are required to be issued to the

respondent to recover the amount payable in favour of

the petitioner.

5. Accordingly, the writ petition is disposed of

directing the respondent Deputy Commissioner to

recover the amount payable in favour of the petitioner

as per the Recovery Certificate dated 16.03.2015 vide

Annexure-C issued by the Deputy Labour Commissioner,

Belagavi, so as to ensure that the same is paid within

the period of three months from the date of receipt of

certified copy of this order.

Sd/-

JUDGE

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