Khalilabad Suger Mills Corp. Pvt. ... vs Deputy Labour Commssioner & ...
2012 Latest Caselaw 701 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 17919 of 1994
 

 
Petitioner :- Khalilabad Suger Mills Corp. Pvt. Ltd.
 
Respondent :- Deputy Labour Commssioner & Others
 
Petitioner Counsel :- Rakesh Tiwari
 
Respondent Counsel :- S.C.,Tarun Verma
 

 
Hon'ble Sudhir Agarwal,J.

Petitioner was issued notice to engage another counsel pursuant to Court's order dated 10.11.2009. Office report dated 7.4.2012 that the notice sent by the office through registered post fixing 9.4.2010 has neither been received back nor acknowledgement is received. Service is deemed sufficient.

Called in revised. None appeared on behalf of the petitioner. However, I have perused the record.

This writ petition is directed against a recovery order dated 25.2.1994 issued by the Dy. Labour Commissioner in Misc. Case No. 59 of 1993 for recovery of Rs. 1, 37, 850/- from the defendants during the pendency of the restoration application filed by the petitioners before the labour court.

In my view, so long as the workman has an existing right to claim certain benefits from the employer, there is no justification for issuance of the mandamus as sought for in the present writ petition.

The writ petition is dismissed.

Order Date :- 23.4.2012

sks-grade iv