Bhoora Lal Rai vs State Of M.P

Vishal Mishra, J

The present petition has been filed being aggrieved by the inaction of Collector Bhind/respondent No. 2, 3 and 4 while not recovering/paying the amount of Rs.54,42,943/- as directed by the Deputy Labour Commissioner Indore vide its Revenue Recovery Certificate dated 5.3.2008 send to the respondent No.2.

It is submitted that the petitioner along with other representatives of employees filed application to the Assistant Labour Commissioner Gwalior on 17.01.2008 for the recovery of due wages of employees of respondents No. 3 and 4 factory for the month of April 2007 to December 2007 along with a list of employees with wages of all the employees which was calculated to a total of Rs.54,42,943/-. This application was forwared to the Labour Commissioner Indore who send notice to the respondent No. 3 and 4 and after giving opportunity of hearing to both the parties the Deputy Labour Commissioner has given finding that the employer has neither closed the factory legally nor the production is going on, therefore the factor wood be presumed to be close and because no permission for closure has been taken by the company therefore the closure is illegal and the employees are eligible for all the wages under Section 25(O) 6 of the Industrial Dispute Act, 1947 and send RRC of Rs.54,42,943/- to the Collector Bhind as wages of employees for the month of April 2007 to December 2007 to recover and distribute with held of the above named representative of employees to all the employees according to enclosed list. Thereafter, the petitioner and other representatives of employees filed so many applications and also send legal notice to the office of respondent No.2 Collector Bhind to recover the RRC amount but the Collector Bhind is not implementing the RRC. It is prayed that necessary direction for implementation of RRC be issued to the respondent No.2.

Accordingly, this petition is disposed of by directing the respondent No.2/Collector Bhind to implement the RRC within three months from the date of receipt of this order provided that there is no stay on orders of Labour Court/Industrial Court by higher forum or there is no legal impediment. If there exists any legal impediment, the respondent no.2/Collector shall pass a detailed order and communicate the same to the petitioner. In absence of any such impediment, the RRC shall be executed within aforesaid time.

With the aforesaid directions, the petition is disposed of.

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