SRI PARAMESHWARA HOLLA v. STATE OF KARNATAKA

(BY SRI. DEVARAJ C.H, AGA FOR R1 TO R3) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE NATURE OF MANDAMUS DIRECTING THE R-1 TO RECOVER THE COMPENSATION AWARDED PETITIONER OF RS.3,00,000/- (THREE LAKHS ONLY) ALONG WITH TERMINAL BENEFITS AND INTEREST AS PER THE AWARD OF PRINCIPLE LABOUR COURT DATED 17.11.2018 (PLACED AS ANNEXURE - B) AND ETC., THE TO THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER This Court is dealing with a situation where a senior citizen aged about 77 years is unable to get fruits of an award, which the Labour Court had ordered way back in the year 2018.

2. Heard Sri Clifton D. Rozario., learned counsel for Mrs. Maitreyi Krishnan, for the petitioner and learned AGA for respondent Nos.1 to 3.

3. Matter is listed for taking steps in respect of service. Petitioner counsel submits that mandamus is - 3 - NC: 2024:KHC:13790 WP No. 3766 of 2024 sought against respondent No.1 recover compensation awarded to the petitioner and seeks to dispense of notice to respondent No.4 and submits memo to that effect. Notice to respondent No.4 is dispensed with at the risk of the petitioner. Hence the petitioner and respondent No.1 are heard on merits with the consent, though the matter listed for orders.

4. Petitioner was dismissed from service by respondent No.4, wherein he was appointed as a clerk in the said establishment. The petitioner raised a dispute in Ref.29/1984, reference was allowed directing respondent No.4 to reinstate the petitioner into his original post with full back wages, continuity of service and all other consequential benefits.

5. Writ petition preferred before this Court by the management, was allowed by setting aside the award of Labour Court and the matter was remanded for fresh consideration. The Labour Court on remand directed respondent No.4-establishment to pay a sum of - 4 - NC: 2024:KHC:13790 WP No. 3766 of 2024 Rs.3,00,000/- to the petitioner as a compensation in lieu of the reinstatement and also to pay the entitled terminal benefits. The order of the Labour Court was passed in the year 2018.

6. The petitioner approached Labour Commissioner in the year 2019 by filing an application under Section 33(c)(1) of Industrial Dispute Act, 1947 (for short 'ID' Act). The Labour Commissioner issued a communication to the Deputy Labour Commissioner to take necessary steps in respect of recovery of amount of Rs.3,00,000/- from respondent No.4 as per the award dated 17.11.2018 in Ref.29/1984. The Deputy Labour Commissioner in turn issued a letter to the Deputy Commissioner directing to recover pending compensation amount of Rs.3,00,000/- from respondent No.4 as an arrears of land revenue as per Section 190(c) of Karnataka Land Revenue Act, 1964 (for short 'Land Revenue Act').

7. The Deputy Commissioner in the year 2022 issued a reminder to the special Tahasildar to recover the - 5 - NC: 2024:KHC:13790 WP No. 3766 of 2024 compensation of Rs.3,00,000/- as an arrears of Land Revenue as per Section 190 of the Land Revenue Act and to submit the same in the form of D.D to the Deputy Labour Commissioner. The Special Tahasildar in turn stated that the location of respondent No.4 does not fall within his jurisdiction. The Special Tahasildar again issued reminder to the Deputy Tahasildar in the year 2023 ordering to issue notice to respondent No.4 to make payment of Rs.3,00,000/- and directed the Deputy Tahasildar to submit a report in that regard. It appears the special Tahasildar also issued notice respondent No.4 to make the payment as per the award in Ref.No.29/1984. Though, the petitioner approached the Deputy Commissioner with representation seeking steps to ensure that the amount due to the petitioner is recovered since 2019 till today, no steps have been taken by respondent Nos.1 to 3.

8. Petitioner approached the Labour Court in the year 1984 and having been awarded compensation in the - 6 - NC: 2024:KHC:13790 WP No. 3766 of 2024 year 2018, the petitioner who is a Senior citizen has been unable to get the fruits of the award of the Labour Court till today and having no other remedy, he has approached this Court seeking necessary direction to respondent Nos.1 to 3, who have failed in their duty to perform the mandatory obligatory functions to the citizens.

9. Learned counsel the petitioner would contend that the petitioner is a Senior citizen aged about 77 years and he is made to run from pillar to post for an amount due after his illegal dismissal in the year 1982. Learned counsel would take this Court to the provisions of the Act under Section 33(c)(1) of the ID Act, Section 190 of the Land Revenue Act, and the provisions as enumerated under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short “Senior Citizens Act") and would contend that inspite of the petitioner being repeatedly approaching the respondents, respondent Nos.1 to 3 have failed to perform their mandatory duty - 7 - NC: 2024:KHC:13790 WP No. 3766 of 2024 which has been casted upon them for the recovery of the eligible amount of the petitioner.

10. Per contra, learned AGA appearing respondent Nos.1 to 3 would contend that the recovery certificate has been issued in the year 2022 and the respondents would take necessary steps to ensure that the petitioner would receive the amount as per the award passed by the reference Court.

11. Learned counsel would contend that inability to pass the necessary orders is in light of code of conduct which is prevailing due to the elections till 6th June, 2024 and would submit if some time is granted, the respondents initiate appropriate action recover compensation amount from respondent No.4.

12. The said submission is taken on record. - 8 - NC: 2024:KHC:13790 WP No. 3766 of 2024

13. Section 33(c)(1) of the ID Act envisages as under: "33C. Recovery of money due from an employer.-(1) Where any money is due to a workman from an employer under a settlement or an award or under the provisions of [Chapter VA or Chapter VB] the workman himself or any other person authorised by him in writing in this behalf, or, in the case of the death of the workman, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate Government for the recovery of the money due to him, and if the appropriate Government is satisfied that any money is so due, it shall issue certificate for that amount to the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue: Provided that every such application shall be made within one year from the date on which the money became due to the workman from the employer: Provided further that any such application may be entertained after the expiry of the said period of one year, if the appropriate Government is satisfied that the applicant had sufficient cause for not making the application within the said period."

14. Plain reading of Section 33(c)(1) of the ID Act envisages that when any amount is due to the workman from the employer under any settlement or an award or under the provisions of Chapter VA or VB the workmen himself or any other person authorised by him in writing or on his behalf make an application to the appropriate - 9 - NC: 2024:KHC:13790 WP No. 3766 of 2024 Government for recovery of the money due to him, and if the appropriate Government is satisfied that any money is so due, it shall issue a certificate for that amount to the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue.

15. Section 190(c) of the Land Revenue Act reads as under: "190. Recovery of other public demands- . The following moneys may be recovered under this Act in the same manner as an arrear of land revenue, namely,- (a) Xxxx (b) Xxxx (c) all sums declared by this Act or any other law for the time being in force to be recoverable as an arrear of land revenue."

16. Section 190(c) of the Land Revenue Act envisages that all the sums declared by this act or any other law for the time being in force to be recoverable as an arrears of land revenue.

17. Conjoint reading of Section 33(c)(1) of the ID Act and Section 190(c) of the Land Revenue Act would envisage that the money due to a workmen from an - 10 - NC: 2024:KHC:13790 WP No. 3766 of 2024 employer to be recovered by the authority as arrears of land revenue. Invariably in the instant case, the award of the Labour Court has attained finality, the petitioner has approached respondent Nos.1 to 3 in the year 2019 and the recovery certificate has been issued by the Deputy Labour Commissioner way back in the year 18.06.2022.

18. Rule 20(2)(i) of the Karnataka Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 and Section 22 of the Senior Citizens Act reads as under:

20. Duties and powers of the District Magistrate.- (1) XXX (2) It shall be the duty of the District Magistrate to:- (i) ensure that life and property of senior citizens of the District are protected and they are able to live with security and dignity;" Section 22 of the Senior Citizens Act:

22.Authorities who may be specified for implementing the provisions of this Act. — (1)The State Government may, confer such powers and impose such duties on a District Magistrate as may be necessary, to ensure that the provisions of this Act are properly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within - 11 - NC: 2024:KHC:13790 WP No. 3766 of 2024 which such powers or duties shall be carried out by the officer as may be prescribed. (2)The State Government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens.

19. Inspite of several communications the petitioner is unable to get the fruits of an award. The Rule 20(2)(i) of the Senior Citizen Act mandates that it is the duty of the authority to protect the life and property of a senior citizen and to ensure that they are able to live their life with security and dignity. It is a fundamental right which includes Right to life and social security, non-proceeding or non-initiating of any steps by respondent Nos.1 to 3 towards recovery of the monetary compensation has resulted in the petitioner having been deprived of his fundamental right and social security and it amounts to dereliction of duty on the part of the respondent- authorities.

20. The act on the part of respondent Nos.1 to 3 to ensure that no steps have been taken further for recovery of the amount as awarded by the Labour Court and inspite - 12 - NC: 2024:KHC:13790 WP No. 3766 of 2024 of a recovery certificate being issued to recover the compensation amount as an arrears of land revenue as per Section 190(c) of the Land Revenue Act. This Court deems it appropriate to direct respondent Nos.1 to 3 to take immediate action and to take steps for recovery of the said amount from respondent No.4.

21. Accordingly, direction is issued to respondent No.1 to recover the compensation awarded to the petitioner along with terminal benefits and interest as per the award of Labour Court dated 17.11.2018 within 12 weeks from today. With the above observations, the writ petition stands disposed of. Sd/- JUDGE AT List No.: 1 Sl No.: 24 CT: BHK