Parasnath Rameshwar Prasad Vs. Manager

Parasnath Rameshwar Prasad vs Manager

Type Court Judgment Court Gujarat Decided Mar 10, 2004

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https://sooperkanoon.com/case/743423

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Citation: sooperkanoon.com/743423
Court: Gujarat High Court
Judge: Jayant Patel, J.
Decided On: Mar 10, 2004
Case Number: Special Civil Application No. 3120 of 2002
Subject: Civil

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

Parasnath Rameshwar Prasad

Advocate C.P. Jadhav, Adv.

Respondent

Manager

Advocate H.S. Munshaw, Adv. for Respondent No. 3

Legal References

Reported In: [2004(102)FLR59]

Excerpt

- .....the petitioner had to receive the amount ofrs.75,868/= out of which the amount realized is onlyrs.41,300/= and rs.8,260/=, whereas the interest amountat the rate of 6% and the cost of rs.2,000/= is yet to berecovered.5. mr. munshaw, learned counsel for respondent no.3,submitted that since the new officer has joined, shewould require some time to take action. however, hesubmitted that if the proper details of the property ofrespondents no.1 and 2 are given, the necessary actionshall be taken for realizing the outstanding amount asper the recovery certificate issued by the labour court.6. there cannot be any dispute on the point that therecovery certificate which has been issued by the labourcourt should be enforced unless such recovery is stayedby any competent authority and it shall be the duty ofthe concerned officer executing the recovery certificateto take necessary steps for realization of the amount.7. under the above circumstances, i find that thefollowing directions shall meet with the ends ofjustice:-7.1 the petitioner shall furnish necessary details ofthe amount which remains outstanding and also theproperties of respondents no.1 and 2 from whomthe amount is to be recovered and such detailsshall be furnished within a period of two weeksfrom today to respondent no.3. 7.2 after such details are furnished, respondent no.3shall take necessary action for recovery of theoutstanding amount, as early as possible, andshall complete the recovery at the earliest,preferably within a period of two months from thedate of receipt of such details. 7.3 the amount so realized by respondent no.3 shallbe transferred to the labour court and it will befor the petitioner to move appropriateapplication, in accordance with law, forwithdrawal of the said amount. 8. the petition is disposed of in terms of the abovedirections. no costs. rule made absolute to theaforesaid extent.

Full Judgment

Jayant Patel, J.

1. With the consent of the parties the matter istaken up for final hearing today.

2. Mr. Jadhav, learned Counsel for the petitioner,states that Special Civil Application No.3082/2002 whichwas ordered to be heard with this petition by the orderdated 8-3-2002 is already heard and disposed of and,therefore, he states that this petition only is onlyrequired to be heard.

3. The present petition is preferred by thepetitioner for appropriate directions to Respondent No.3to recover the legal dues with interest from RespondentsNo.1 and 2 as per the Recovery Application dated6-10-2000.

4. There is no dispute on the point that the awardcame to be passed on 8-3-2000 by the Commissioner underWorkmen Compensation Act and as per the said award, theamount of Rs.41,300/= with the penalty of Rs.8,260/= andthe interest at the rate of 6% and the cost of Rs.2,000/=is ordered to be paid. On the basis of the said award,the Labour Court has also issued certificate for recoveryof the said amount. The grievance of the petitioner isthat in all the petitioner had to receive the amount ofRs.75,868/= out of which the amount realized is onlyRs.41,300/= and Rs.8,260/=, whereas the interest amountat the rate of 6% and the cost of Rs.2,000/= is yet to berecovered.

5. Mr. Munshaw, learned Counsel for Respondent No.3,submitted that since the new Officer has joined, shewould require some time to take action. However, hesubmitted that if the proper details of the property ofRespondents No.1 and 2 are given, the necessary actionshall be taken for realizing the outstanding amount asper the Recovery Certificate issued by the Labour Court.

6. There cannot be any dispute on the point that theRecovery Certificate which has been issued by the LabourCourt should be enforced unless such recovery is stayedby any competent authority and it shall be the duty ofthe concerned Officer executing the Recovery Certificateto take necessary steps for realization of the amount.

7. Under the above circumstances, I find that thefollowing directions shall meet with the ends ofjustice:-

7.1 The petitioner shall furnish necessary details ofthe amount which remains outstanding and also theproperties of Respondents No.1 and 2 from whomthe amount is to be recovered and such detailsshall be furnished within a period of two weeksfrom today to Respondent No.3.

7.2 After such details are furnished, Respondent No.3shall take necessary action for recovery of theoutstanding amount, as early as possible, andshall complete the recovery at the earliest,preferably within a period of two months from thedate of receipt of such details.

7.3 The amount so realized by Respondent No.3 shallbe transferred to the Labour Court and it will befor the petitioner to move appropriateapplication, in accordance with law, forwithdrawal of the said amount.

8. The petition is disposed of in terms of the abovedirections. No costs. Rule made absolute to theaforesaid extent.

Same Court & Year Gujarat · 2004 Same Parties Parasnath Rameshwar Prasad vs Manager Same Subject Civil Same Judge Jayant Patel, J.

Civil