Sandu Ramkrushana Pandhare vs The State Of Maharashtra And ...
2021 Latest Caselaw 8621 Bom

                                                                           7938.20wp
                                          (1)

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

                     925 WRIT PETITION NO.7938 OF 2020

              SANDU RAMKRUSHANA PANDHARE
                              VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS
                                   ...
 Mr Ashok A. More, Advocate for petitioner;
 Mr S. B. Pulkundwar, A.G.P. for respondent Nos.1 to 3/State

                                     CORAM : RAVINDRA V. GHUGE
                                                    AND
                                             S. G. MEHARE, JJ.

DATE : 30th June, 2021

PER COURT:

1. We have heard Shri. More, the learned Advocate on behalf of the

petitioner and the learned A.G.P. on behalf of respondent Nos.1 to 3.

With their assistance, we have persued the petition paper book.

2. There is no dispute that the judgment of the Controlling

Authority delivered under the Payment of Gratuity Act 1972, has to be

implemented after a recovery certificate is issued. It is equally

undisputed that the Controlling Authority has delivered it's judgment

on 27/11/2019 and the petitioner has acquired the recovery certificate

dated 04/03/2020. In these circumstances, it is the right of the

7938.20wp

petitioner to get his gratuity amount recovered and it would be a legal

obligation on the part of the respondent Nos.2 and 3 to ensure the

execution of the recovery certificate.

3. In view of the above, this petition is disposed off by directing

respondent Nos.2 and 3 to get the recovery certificate dated

04/03/2020 executed by following the due procedure as is laid down in

law. The said exercise shall be completed on or before 31st December,

2021. In the event respondent Nos.2 and 3 find any hurdle in

execution of the recovery certificate, they are at liberty to approach

this Court by filing an application with due notice to the petitioner,

well in advance and should not wait till the period granted by us has

expired.

  (S. G. MEHARE, J.)                       (RAVINDRA V. GHUGE, J.)



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