Neutral Citation No. - 2025:AHC-LKO:22450-DB Court No. - 2 Case :- WRIT - C No. - 3750 of 2025 Petitioner :- Saraswati Dental College And Hospital Thru. Authorized Representative Sri Vinay Mishra Respondent :- State Of U.P. Thru. Addl.Dist.Magistrate Finance And Revenue/ Commissioner Employees Lko And Ors. Counsel for Petitioner :- Suyash Gupta Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. In a case under the Employees Compensation Act, 1923, an order was passed on 27.11.2019 awarding a sum of Rs. 5 lakhs etc. to the legal heir of Late Rajendra who was an alleged employee of the petitioner. On an application for recall being filed, the said order was recalled vide order dated 25.03.2023, however, subject to the stipulation that the said amount shall be paid by the petitioner to Smt. Meera Devi (opposite party no. 4 herein) by cheque and recovery proceedings against the petitioner would remain stayed till the next date of listing. The counsel for the petitioner says that the petitioner's officers went to give the said cheque to the opposite party no. 4, but she was not available. In the meantime, the recovery proceedings, which were initiated in pursuance to the earlier order dated 27.11.2019, are being pressed against the petitioner. The order- sheet subsequent to the passing of the order dated 25.03.2023 has not been annexed, therefore, it is not very clear as to whether the recovery proceedings in question have been initiated afresh after the passing of the order dated 25.03.2023 or prior to it. Even if no subsequent recovery proceedings have been initiated, the fact is that the condition mentioned in the order dated 25.03.2023 has not been satisfied earlier and the opposite party no. 4 has not received the cheque of Rs. 5 lakhs etc. Let the petitioner pay the amount as ordered on 25.03.2023, to the Tehsil officials whereupon the said amount shall be transmitted to the Employee's Commissioner under the Act, 1923. While handing over the cheque to the Tehsil authorities, the order dated 25.03.2023 shall also be brought to their notice so that they do not proceed any further to recover any amount under the order dated 27.11.2019. Once the amount as aforesaid is remitted to the Employee's Commissioner, then the said officer shall transmit the amount in terms of the order dated 25.03.2023 to the opposite party no. 4 unless there is any legal impediment. No other direction is required in the matter. If the petitioner has any further grievance, he can raise it before the Employee's Commissioner where the proceedings are pending. This order has been passed without prejudice to rights of the private parties herein. The writ petition is disposed of. Order Date :- 21.4.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench