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Allahabad High Court · body

2013 DIGILAW 3134 (ALL)

Ghanshyam Maurya v. Deputy Labour Commissioner and Another

2013-12-20

ARVIND KUMAR TRIPATHI

body2013
Arvind Kumar Tripathi, J. Heard learned counsel for the petitioner, learned Standing Counsel and perused the record. 2. By means of present writ petition the prayer is to issue writ of mandamus commanding the concerned court/authority to expedite the execution to get the amount recovered in favour of the petitioner forthwith without any further delay in accordance with law. 3. Case of the petitioner is that petitioner was working as Journalist and when amount w.e.f. September, 1997 to June 1999 amounting to Rs.51,746/- was not paid then the proceeding was initiated under section 17 of Working Journalists and other Newspaper Employees (Condition of Services) and Misc. Provisions Act, 1955. When conciliation failed the matter was referred for adjudication under section 17 of Working Journalists and other Newspaper Employees (Condition of Services) and Misc. Provisions Act, 1955. The notice was issued to the employer, however, he refused to accept the notice and ultimately notice was pasted upon office of the employer. Thereafter, labour court proceeded exparte and on 10.2.2003 the direction was given by respondent no.1 to respondent no.2 to deposit the amount for a sum of Rs.51,746 within 30 days. Inspite of that direction the amount was not deposited. Thereafter, application was moved for recall and restoration, however, on that pretext the order could not be get executed and that application was also rejected. Neither the amount has been paid nor step has been taken for recovery of the aforesaid amount. 4. Considered the submission. If the order passed by the labour court on 10.2.2013 became final then respondent no.1 is expected to get it executed for recovery and payment of the amount within reasonable period, preferably within three months, in accordance with law. 5. Accordingly, present writ petition is finally disposed off. __________________