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2011 Supreme(Online)(KER) 43808

HIGH COURT OF KERALA
ANTONY DOMINIC, J
C V LAWRANCE – Appellant
Versus
ASSISTANT LABOUR COMMISSIONER(CENTRAL – Respondent


JUDGMENT

Petitioner and 13 other similarly situated persons made applications to the Central Government Industrial Tribunal cum Labour Court invoking its powers under Section 33 C(2) of the Industrial Dispute Act. These applications were numbered as CP.Nos. 6 to 17 of 2008 and CP.Nos.3 to

16 of 2009.

2. By Ext.P4 dated 26.6.2009, CP.Nos.6 to 17 of 2008 were allowed and the second respondent herein was directed to pay the petitioners therein Rs.27,733/= each within one month. As far as CP.Nos.3 to 16 of 2009 are concerned, Ext.P5 order dated 21.7.2010 shows that CP.Nos. 6 and 7 of 2009 were dismissed and remaining CPs were allowed, directing the second respondent to pay Rs.1,30,000/= each to the petitioners therein.

2. According to the petitioner, the amount due under Exts.P4 and P5 was not paid. It is also his case that as per the provisions contained in Section 33 C(4) of the Industrial Dispute Act, 1947, the Industrial Tribunal cum Labour Court forwarded the orders to the first respondent being the appropriate authority for effecting recovery of the amount due under Exts.P4 and P5. It is stated that, despite the above, the first respondent did not take any action for recovery of the

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