Allahabad High Court
Murari Sharan And 21 Others vs State Of Upand 3 Others on 22 May, 2024
Author: Dinesh Pathak
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:93081
Court No. - 6
Case :- WRIT - C No. - 17615 of 2024
Petitioner :- Murari Sharan And 21 Others
Respondent :- State Of Upand 3 Others
Counsel for Petitioner :- Man Mohan Singh
Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the petitioner and learned standing counsel.
2. The petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, inter alia, with the following prayer:-
"(A) Issue, a writ, order or direction in the nature of mandamus, commanding and directing the District Magistrate/collector, Gautambuddh Nagar (Respondent No.2) to ensure the recovery of the amount in pursuance to the recovery order dated 03.01.2024 issued from the Respondent No.3 in pursuance to the order dated 21.07.2023 passed by the Labour Court Uttar Pradesh, NOIDA, Gautambuddh Nagar in, W.J.A. Case No.545/2018 and other 23 connected W.J.A. cases, and remit the same to respondent No.3.
(B) Issue, a writ, order or direction in the nature of mandamus, commanding and directing the respondents to insure payment to the petitioners in pursuance to the order dated 21.07.2023 passed by the Labour Court Uttar Pradesh, NOIDA, Gautambuddh Nagar in, W.J.A. Case No.545/2018 and 23 other connected W.J.A. Cases."
3. It is submitted that employees of the M/s. Jagran Prakashan Limited have filed claim petition under the Working Journalists and other News Paper Employees (Condition of Service) and Miscellaneous Provisions Act, 1955. The claim petition was allowed vide judgment/award dated 21.7.2023. However, till date, wages in pursuance of the judgment/award dated 21.7.2023 has not been disbursed to the present petitioners. At a later stage, an order dated 03.1.2024 has been passed for the recovery of the wages in pursuance of the award dated 21.7.2023. Despite the service of recovery order dated 03.1.2024 upon the learned District Magistrate, till date, no fruitful steps have been taken for the recovery of the wages as mentioned above.
4. Learned standing counsel contended that he has no objection, in case, direction is issued for recovery of wages in pursuance of the judgment/award dated 18.4.2023 passed by Presiding Officer, Labour Court.
5. In this conspectus, as above, no useful purpose would be served to keep this matter 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 present writ petition, with liberty to the petitioners to file a fresh representation, qua his grievance as averred in the instance writ petition, alongwith self attested copy of the instant writ petition as well as a certified copy of the order of the date before the learned District Magistrate, Gautambuddh Nagar (respondent no.2) within a period of two weeks from today, who shall, after receiving the said representation, proceed to execute the recovery order dated 03.1.2024 passed by Assistant Labour Commissioner/Presiding Officer under the Working Journalists and other News Paper Employees (Condition of Service) and Miscellaneous Provisions Act, 1955, in pursuance of judgment/award dated 21.7.2023 passed by Presiding Officer, Labour Court, in accordance with law, expeditiously, preferably within a period of three months from the date of receiving the aforesaid representation, if there is no other legal impediment.
6. With the aforesaid direction, present writ petition is disposed of.
Order Date :- 22.5.2024/vkg
