SUNITA PATEL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. LABOUR DEPTT. LKO. AND 3 OTHERS
WRIC/1028/2025 · 2025-02-05
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121012 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121012 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:7299-DB Court No. - 2 Case :- WRIT - C No. - 1028 of 2025 Petitioner :- Sunita Patel And Another Respondent :- State Of U.P. Thru. Prin. Secy. Labour Deptt. Lko. And 3 Others Counsel for Petitioner :- Sharad Nandan Ojha,Adesh Kumar Yadav,Akhand Pratap Singh Counsel for Respondent :- C.S.C.,Amarjeet Singh Rakhra Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. Petitioners claim that recovery certificate has been issued for recovery of the due amount under the judgment and order dated 13.11.2024 passed by the Commissioner, Employees Compensation Act and Assistant Labour Commissioner, Pratapgarh in the proceedings under the Employee's Compensation Act, 1923 i.e. Case No. EC-12/2023, but the same has not been given effect, therefore, this petition seeking writ of Mandamus for ensuring such recovery. The High Court is not supposed to be an executing authority for such order. There is a mechanism provided under the Act by way of Section 31 of the Act. Once a recovery certificate is issued then the revenue authorities are obliged to give effect to the same. The petitioners may approach the Collector, Praptapgarh if the recovery certificate is not being given effect to. In the event, without there being any legal impediment, the recovery certificate shall not be given effect till the next three months, it shall be open for the petitioners to initiate appropriate proceedings which may include filing of the Writ Petition against the revenue authorities. This is without prejudice to the rights of the opposite parties to challenge the said judgment if it is otherwise permissible. The Writ Petition stands disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 5.2.2025/Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench