Amit Kumar And 19 Others vs State Of Up And 4 Others
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Allahabad High Court

Amit Kumar And 19 Others vs State Of Up And 4 Others on 9 May, 2024

Author: Dinesh Pathak

Bench: Dinesh Pathak

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:83448
 
Court No. - 6
 

 
Case :- WRIT - C No. - 8588 of 2024
 

 
Petitioner :- Amit Kumar And 19 Others
 
Respondent :- State Of Up And 4 Others
 
Counsel for Petitioner :- Sarwar Ali Siddique
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Dinesh Pathak,J.
 

Order on Amendment Application No.2 of 2024 :-

1. Instant amendment application has been moved to correct the amount of award to be Rs.39,97,700/- in place of Rs.19,77,850/-.

2. There is no oppose to the amendment application. As such, same is allowed.

3. Counsel for the petitioners is permitted to amend the writ petition, as prayed for, during the course of the day.

Order on the Writ Petition :-

1. Instant writ petition has been filed for execution of recovery certificate dated 29.01.2024 issued by the Authority under the Payment of Wages Act, 1936 (in brevity 'Act, 1936').

2. It is submitted that claim filed on behalf of the petitioners under the Act, 1936 has been allowed, vide award/judgment dated 30.11.2023 (Anneuxre-1), whereby M/s. Ajnara Lee Garden (respondent no.4) and M/s. M.K. Water Purifying (respondent no.5) have been directed to furnish the amount of award to the tune of Rs.39,97,700/- in favour of the present petitioners (workmen) and, for this purpose, they have been directed to deposit the said amount within a month with the Deputy Labour Commissioner, Gautam Buddh Nagar. Having considered the delay in payment of the awarded amount in pursuance of the Award dated 30.11.2023, the authority under the Act, 1936 has issued recovery certificate dated 29.01.2024 (Annexure-4) communicating to the Collector, Gautam Buddh Nagar (respondent no.2) to execute the same, however, till date, no recovery has been made in pursuance of the recovery certificate dated 29.01.2024.

3. Learned Standing Counsel for the respondents no.1 to 3 contended that he has no objection if a direction is issued for recovery of the awarded amount i.e. Rs.39,97,700/- in pursuance of the recovery certificate dated 29.01.2024.

4. In this conspectus, as above, no useful purpose would be served to keep this petition pending, therefore, this Court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case, as mentioned in the writ petition with a direction to Respondent no.2, to whom recovery certificate dated 29.01.2024 has been communicated, to execute the said recovery certificate in accordance with law, expeditiously, preferably within a period of three months from the date of production of certified copy of this order, if there is no other legal impediment.

5. With the aforesaid observation/direction, the instant writ petition is disposed of.

Order Date :- 9.5.2024

VR