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1996 DIGILAW 724 (MAD)

A. Thangaraj v. The District Collector, North Arcot Ambethkar Dist. Vellore and others

1996-07-19

JAYASIMHA BABU

body1996
Judgment : 1. Petitioner has complained that the order made by this Court on 23. 1995 has not been obeyed by the respondents. By that order, the respondents were directed to pay the amount for which certificate has been issued in favour of the workmen for recovery of Rs. 19,484.35 with interest thereon, being the money value of the benefit payable by respondent-Board, as computed by the 2nd Addl. Labour Court, Madras in C.P. No. 320 of 1988 on11. 1990. The order of this Court was made after hearing counsel for respondents. Respondents are aware and are bound by the order. Four weeks time had been granted for making the payment. 2. Respondent 3 has filed a counter affidavit on behalf of respondents 2 to 4. It is stated therein that a writ petition 151 of 1996 challenging the award of Labour Court in C.P. No. 320 of 1988 was file by the respondent -Board in January 1996 and that the award was stayed by an order of the Court made on 1. 1996. That stay order was obtained without disclosing the fact that this court had on 23. 1995 directed the petitioners to make the payment. Respondents 2 to 4 have clearly failed in their duty on promptly obey the order made by this Court on 23. 1995 and they have also failed to disclose that material fact in their writ petition. 3. Counsel submitted that the failure to disclose the earlier order was apurely on account of inadvertence as there were several other similar claims of other workmen which had been challenged in the writ petitions filed by the Board earlier, and the claim that had been made by this workman alone had been inadvertently left out. That however is not a good excuse for failure to obey the order and failure to disclose the earlier order made by this Court. 4. Respondent 3 had averred and it is not disputed by the workmen that respondent Board obtained permission of this Court on 22. 1996 in W.P. No. 151 of 1996 to deposit a sum of Rs. 19,484.35 to the credit of C.P. No. 320 of 1988. Counsel for respondents 2 to 4 says that the amount was there after deposited in the Labour Court on 23. 1996. 1996 in W.P. No. 151 of 1996 to deposit a sum of Rs. 19,484.35 to the credit of C.P. No. 320 of 1988. Counsel for respondents 2 to 4 says that the amount was there after deposited in the Labour Court on 23. 1996. It has been averred that the respondents 2 to 4 are senior of ficers of the Board and that they had no intention of disobeying the order of this Court. An unconditional apology has been tendered by them. 5. Having regard to the fact that the amount has been deposited in court though belatedly and the award pursuant to which the certificate had been issued, has been stayed, I do not propose to take a very harsh view of the matter. The conduct of the respondents 2 to 4 is strongly disapproved. They are admonished to scrupulously and promptly obey the directions issued by this court, and set out all the material facts without suppressing any relevant material in all affidavits and pleadings filed in court. Respondents 2 to 4 shall pay to the petitioner-workman a sum of Rs.3,000 (Rs. Three thousand) within two weeks from to day as token compensation for the hardship caused to him by reason of their negligent and dilatory conduct. 6. Counsel for the respondents 1 and 5 rightly submits that the order dated 23. 1995 is directed against the respondent- Electricity Board and its of ficers viz., respondents 2 to 4. The proceedings as against the respondent 1 and 5 the District Collector, and the Secretary, Labour and Employment, are dropped.