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2025 DAILYLAW 47924 (ALL)

MANOJ LIKHAR AND 7 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/12514/2025 · 2025-05-14

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80636 Court No. - 33 Case :- WRIT - C No. - 12514 of 2025 Petitioner :- Manoj Likhar And 7 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajay Srivastava Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Following order was passed by this Court on 25.04.2025:- 1. In the proceedings initiated by the petitioners before the Prescribed Authority under Payment of Wages Act, 1936, an order was passed in their favour on 25.04.2022. Aggrieved with the aforesaid order, Sate of U.P. had preferred Writ C no.6860 of 2023 which was dismissed by this Court on the ground of availability of alternative remedy. Thereafter, the respondent No.2/Director Medical Health Education Training, Lucknow filed Misc. Case before the District Judge, Jhansi being Civil Misc. Case No.64 of 2023. The aforesaid Appeal was also dismissed by the Additional District Judge, Jhansi vide its order dated 01.02.2024. After the aforesaid order was passed various letters have been written by the authorities to recover the amount awarded as per award dated 25.04.2022 passed by the Deputy Labour Commissioner, Jhansi but till date no action has been taken. Hence the present petition. 2. It is argued by learned counsel for the petitioner that during the pendency of aforesaid proceedings, one of the claimant namely Rajendra Kumar had been died, therefore, his mother Asha has been arrayed as petitioner No.2. It is argued that the order dated 01.02.2024 passed by Additional District Judge, Jhansi has been attained finality between the parties. It is argued that considerable time has already been lapsed but till date nothing has been done in the matter. 3. In this view of the matter, respondent No.2/Director Medical Health Education Training, Lucknow is directed to file his personal affidavit within two weeks explaining the reason that why the order dated 01.02.2024 passed by Additional District Judge, Jhansi passed in Civil Misc. Case No.64 of 2023 has not been complied with till date and why the action should not be taken against the erring officials. 4. List this matter on 15.05.2025. The matter will be taken up just after recess. 5. Registrar (Compliance) is directed to communicate this order to the respondent No.2/Director Medical Health Education Training, Lucknow forthwith. 2. The aforesaid order was corrected vide order dated 14.05.2025which reads as follows :- Ref:- Civil Misc Correction Application No.2 of 2025 1. Heard learned counsel for the applicants and perused the record. 2. The correction application is allowed and the order dated 25.04.2025 is corrected as follows: 3. In the third and fourth lines of third paragraph of the aforesaid order "Additional District Judge, Jhansi passed in Civil Misc. Case No.64 of 2023" be deleted and the same shall be read as "Deputy Labour Commissioner Jhansi, Region Jhansi in PW Case No. 12/2016, 21/2016, 13/2016, 22/2016, 5/2016, 28/2016, 6/2016, 7/2016". 3. Pursuant to the aforesaid order, personal affidavit on behalf of respondent No.2 has been filed today in the Court, the same is taken on record. It is stated in paragraph 12 of the affidavit that the Principal, Government Medical College, Jhansi has deposited the amount of Rs. 24,72,320/- through Bank Draft No.062160 dated 14.05.2025 before the court of Deputy Labour Commissioner, Jhansi on 14.05.2025. 4. In this view of the matter, it is argued by learned Standing Counsel that since the relief sought by the petitioner has already been granted, no further order is required to be passed in the matter. 5. It is argued by learned counsel for the petitioner that a direction be issued to the Deputy Labour Commissioner, Jhansi to release the amount in favour of the petitioner as per award dated 25.04.2022. 6. Heard learned counsel for the parties and perused the record. 7. Since the awarded amount has already been deposited by the respondent No.2 before the Deputy Labour Commissioner, Jhansi, he is directed to release the amount in favour of the petitioners as per award dated 25.04.2022. 8. With the aforesaid observations, the writ petition is disposed of. Order Date :- 15.5.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad