Karan Singh And 3 Others vs 13 Th Additional District Judge ...
2021 Latest Caselaw 3653 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - C No. - 26929 of 2020
 

 
Petitioner :- Karan Singh And 3 Others
 
Respondent :- 13 Th Additional District Judge And 5 Others
 
Counsel for Petitioner :- Sumati Rani Gupta
 
Counsel for Respondent :- C.S.C.,Arun Kumar Mishra,Vivek Kumar Rai
 

 
Hon'ble Ajit Kumar,J.

Heard Ms. Sumati Rani Gupta, learned counsel for the petitioners, Sri Arun Kumar Gupta, learned counsel for the contesting respondents and learned Standing Counsel for the State respondents.

By means of this petition under Article 226 of the Constitution, the petitioners have prayed for a direction in the nature of mandamus commanding the respondent Nos. 1 & 2 to release the award amount of Rs.35,351.176 as per the judgment and order dated 6th October, 1998 under the payment of wages Act.

Against the said order the respondent has preferred an appeal which came to be dismissed on 19th August, 1999 by 13th Additional District, Aligarh. Against the said order the writ petition was filed by the respondent before this Court under Article 226 of the Constitution but no interim protection was granted and the writ petition was dismissed for non prosecution on 7th October, 2013.

Sri Arun Kumar Gupta, learned counsel for the respondent has pointed out that in the said writ petition recall application has been filed on 21st October, 2013 well within time but he could not demonstrate that the said recall application has been allowed.

Contrary to above, learned counsel for the petitioner submits that the status of writ petition No.- 48000 of 1999 shows that recall application is still pending and since 20th December, 2013, no order has been passed. Counsel appearing for the respondent could not dispute the above facts.

Thus, it is admitted to the learned counsel for the respondent that as of now there is no challenge to the order passed by the Prescribed Authority confirming the appeal.

In such above view of the matter, Court finds no justification for withholding the payment of money already deposited with respondent No.2.

In view of the above, the writ petition is disposed of with a direction to the 13th Additional District Judge, Aligarh to pass an order on the pending application of the petitioner dated 12th December, 2013 for the release of the amount and appropriate order shall be passed within a period of four weeks from the date of production of copy of the order.

The order available on the official webside of the high court shall be treated as a genuine one.

Order Date :- 16.3.2021

Atmesh