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2025 DAILYLAW 3469 (GUJ)

UMABEN KESHAV RAVAT v. THE DISTRICT COLLECTOR

SCA/6869/2025 · 2025-06-11

M K Thakker

body2025

Judgment text

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C/SCA/6869/2025 ORDER DATED: 11/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6869 of 2025 ========================================================== UMABEN KESHAV RAVAT Versus THE DISTRICT COLLECTOR & ANR. ========================================================== Appearance: MR K R MISHRA(6312) for the Petitioner(s) No. 1 MS.DIXA PANDYA, AGP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 11/06/2025 ORAL ORDER 1. This petition is filed for execution of the recovery certificate which is issued by the learned labour court, Ahmedabad on 22.03.2022. 2. It is submitted by the learned advocate Mr.Mishra appearing for the petitioner that the certificate was issued in context of the proceedings initiated under the Payment of Wages Act,1936. Challenging the order passed by the Authority under the Payment of Wages Act, 1936, the appeal was filed before the learned small cause court. It is further submitted by the learned advocate Mr.Mishra that at the time of preferring an appeal, the amount has been deposited before the C/SCA/6869/2025 ORDER DATED: 11/06/2025 learned small cause court on 29.01.2024 and the same is lying before the learned court. It is further submitted by the learned advocate Mr.Mishra that the appeal which was preferred was dismissed and at present there is no order in favour of the defaulter. 3. As against the same learned AGP Ms.Dixa Pandya appearing for respondent No.1 has placed on record the receipt issued by the learned small cause court, Ahmedabad dated 29.01.2024 having challan No.366/23- 24 and submitted that the amount, at present, is lying with the learned small cause court in reference of CMA – 84/2023. Learned AGP Ms.Pandya does not dispute the aspect with regard to the dismissal of the appeal filed by the defaulter. 4. In view of the same the petitioner is directed to prefer an application before the learned small cause court for disbursement of the amount deposited pursuant to the recovery certificate dated 22.03.2022 and the learned court is also directed to disburse the same in favour of the petitioner after due verification, if no stay has been granted by any Higher Forum. 5. The said exercise is to be completed within a period of C/SCA/6869/2025 ORDER DATED: 11/06/2025 two weeks from today. 6. Registry is directed to send the copy of this order to the learned small cause court for its compliance. (M. K. THAKKER,J) NIVYA A. NAIR Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: NIVYA ABHAY NAIR(HC01901), PRIVATE SECRETARY, at High Court of Gujarat on 11/06/2025 17:45:50