TaxTMI 
TaxTMI 
2004 (2) TMI 735
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....ay, 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". 4. A perusal of this provision indicates that it contemplates recovery of money due from employer to a workman, by making an application to appropriate Government for recovery of the same which upon satisfaction of appropriate Government is then mentioned in a certificate. The certificate is thereafter forwarded to the Collector. The mandate to the Collector is to proceed to recover the dues mentioned in the same manner as arrears of land revenue. 5. In Writ Petition No. 268 of 1998 decided on July 6, 1998 in the case of Islam Ali v. D, Dayaram & Co. & Ors. reported in 1999 III LLJ 1144 this Court has directed that the State Government and the Authorities exercising powers under Maharashtra Land Revenue Code should ensure that the dues of workmen are collected within a reasonable period and has further proceeded to ....
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....ue being given a priority, recovery thereof is intended to be made expeditiously. The procedure to be followed in this case, is not and cannot be compared to recovery suits in a Civil Court. Similarly, it is not the intent to apply the procedure for execution of a decree set out in Code of Civil Procedure. The dues of workman under the beneficial provisions like Industrial Disputes Act, 1947 and MRTU & PULP Act are equally intended to be recovered expeditiously and that is why dues thereunder are contemplated to be recovered as arrears of land revenue. The expectation and :he intent is that State would give such dues the same priority as it gives to recovery of its revenues and taxes such as !and revenue. However, we find that the very purpose or object of the enactment is frustrated and defeated due to inaction on the part of the authorities to initiate measures of recovery consequent upon recovery certificate being forwarded to them. 10. A perusal of the provisions of two enactments in question reproduced above would go to show that it is the appropriate Government which issues the certificate and ultimately it is forwarded to its own officials by it for initiating proceedings t....
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....applying this rule to recoveries under Section 33-C(l) of Industrial Disputes Act and Section 50 of M.R.T.U. and P.U.L.P. Act. First of all, this is not a recovery at the instance of Industrial Court. Secondly Industrial Court is neither a department nor any other entity contemplated by Rule 17. It is, therefore, not obliged to send any requisition. Once, there is no obligation to send any requisition, then there is no necessity of calling upon Industrial Court to forward details pertaining to the assets and properties of the defaulter. These are nothing but delaying tactics which are resorted to at the instance of the defaulter by the authorities. We strongly deprecate such a practice and direct that in case of recovery certificates under these enactments, there is no obligation on the Industrial Court to forward any requisition. Once there is no necessity of forwarding such requisition, then Authorities need not call upon Industrial Court to furnish any details of the assets and properties of the defaulters. Hereafter Industrial Court need not be called upon to furnish any details. Ultimately, certificate being issued by appropriate Government, it is the duty of appropriate Gover....
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.... execution and recovery. He is conducting himself in this manner in order to oblige the employer and at his instance. 15. We are of the view that the authorities in order to avoid serious charge of this nature being levelled against them from time to time should act diligently in realisation of amounts under the certificates forwarded to them by appropriate Government. Respondent No. 1 ought to look into this aspect seriously and streamline the procedures with a view to enable expeditious recovery of workers' dues failing which it is failing in its duty as a Welfare State to fulfil the mandate of Article 21 of the Constitution of India read with Directive Principles of State Policy (Articles 38, 39 and 43). In all these matters if the authorities are of the opinion that assistance is required from any agency/authority in tracing out the properties and assets of defaulters, in exceptional cases, it may take the same. We make it clear that such steps should be an exception and not a rule. After receipt of such details, the Collector should initiate proceedings for recovery in accordance with Chapter XI and Chapter XIV by serving a written notice of demand on the defaulter and fo....
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....s as that of the petitioner in W.P. 85 of 2004. Ms. Kajle, learned counsel for respondent Nos. 1 and 2 and Ms. Menon learned counsel for National Textile Corporation pointed out to us that not only in this case but in other cases steps have been taken to recover considerable amount. 19. Ms. Kajle places on record a letter dated January 31, 2004 addressed to her by Tahsildar, Labour Dues Recovery Mumbai City and points out that out of dues of Rs. 1, Crore in arrears under various certificates including the petitioners before us, Management of Kohinoor Mills (NTC) is paying only Rs. 4 lakhs per month and it will take 27 months to recover this amount. She points out to us that we should give directions and direct NTC to pay Rs. 25 lakhs per month with a view to wipe off the arrears. 20. Ms. Menon, learned counsel for NTC in these petitions contended before us that NTC has an obligation to take over sick mills. When it takes over such sick units it is impossible to manage them as there is no hope of continuous production or manufacturing activities in cases of such units. She points out to us the situation of textile mills and the condition of textile market as a whole on account of ....