HI

since the order has passed against the employer, the execution of the decree can be proceeded by filing an execution petition-EP- in the civil court senior division.

in the EP petition you can pray for the attachment of property movable and immovable for the amount of recovery ordered against the employer.

1. Why should you go for attachment of property at the first instance without exhausting other remedied made available to you?

2. You shall have to file the execution petition for executing the order passed by the labor court in your favour.

5. Section 11(10) of the Act reads as follows:-

"11(10). The Labour Court or Tribunal or National Tribunal, as the case may be, shall transmit any award, order or settlement to a Civil Court having jurisdiction and such Civil Court shall execute the award, order or settlement as if it were a decree passed by it."

2) Section 11(10) has been extracted above. Section 33C(1) of the Act reads as follows:-

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 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:

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:

3) remedy under Section 33C(1) is without prejudice to any other mode of recovery available to the Award holder

4) the jurisdiction under section 11(10) of the Civil Court and under section 33C(1) of the Act of the appropriate government/Labour Commissioner is concurrent.

5) you have option to proceed under section 33C or under section 11 of industrial disputes act

1. Attachment petition comes much later.

2. First you shall have to file the execution petition.

3. If WCL fails/neglects or refuses to act based on the order passed against the Court against your execution petition, then only the prayer for attachment comes.

1. First file petition before the labour court for transferring the execution petition before the labour court.

2. If you do not get favourable order, file the execution petition directly to the Civil court.

1. If labour court refuses to transmit the execution matter to Civil Court, file it directly to the civil court.

2. In case Civil Court passes adverse order against you, file a Petition challenging the said orders on the ground that 'no body should go remediless' and praying for a direction upon the Civil court to hear the execution petition.

Under section 11(10) of industrial disputes act labour court should transmit award to civil court for execution of decree

2). CIvil court can then in execution of award attach the property of WCL for recovery of the amount

In the alternative you can make application before deputy labour commissioner under section 33C(1) of industrial disputes act to execute the award

For recovery of outstanding amount judgement has been passed by the Labour court Nagpur in my favour. But WCL is not making payment. What action is tobe taken for attachement of property or What?

If the court had passed decree in your favor, you may wait for the stipulated period for the employer to make payment or act on the decree or to prefer an appeal etc.

Beyond the stipulated period you may file an execution petition to execute the decree against the employer as per provisions of law.

After passing judgement in my favour, employer wcl is not making payment. What action is tobe taken for recovery of amount from WCL? Whether attachment of property is required by way of execution or what

Section 37 of the Code of Civil Procedure define the Courts by which a decree may be executed. A decree may be executed by, the Court to which passed it, or by any Court to which it is transferred for execution.

—The law regarding arrest and imprisonment is contained in Section 51, 55 to 59,

135, 135-A and 136, Order XXI, Rules 21, 37 to 40, Order 38, Rules 1 to 4 of the Civil

Procedure Code.

The steps to be taken, under Order XXI, Rules 35 and 36 of the Code of Civil Procedure, 1908,in the case of the delivery of immovable property.

Whether under section 11 ( 9) & (10) of the Industrial Disputes Act,1947, Judgement istobe transmitted by labour court to Civil Court for Execution of Decree by way of attachement of property movable & immovable

The principles governing execution of decree and orders are dealt with in Sections 36 to 74 and Order 21 of the Civil Procedure Code. Hon'ble Apex Court in Ghanshyam Das v. Anant Kumar Sinha (AIR 1991 SC 2251) dealing with provision of the code relating to execution of decree and orders, observed in following words -

“ so far as the question of executability of a decree is concerned, the Civil Procedure Code contains elaborate and exhaustive provisions for dealing with it in all aspects. The

numerous rules of Order 21 of the code take care of different situations providing effective remedies not only to judgment debtors and decree-holders but also to claimant objectors, as the case may be.”

3] Execution is the enforcement of a decree by a judicial process which enables the decree-holder to realize the fruits of the decree and judgment passed by the competent Court in his favour. The execution is complete when the decree-holder gets money or other thing awarded to him by the judgment, decree or order of the Court.