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2025 DAILYLAW 49076 (ALL)

JASWANT LAL @ JASWANT @ YASWANT v. STATE OF U.P. AND 4 OTHERS

WRIC/12912/2025 · 2025-05-21

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87320 Court No. - 33 Case :- WRIT - C No. - 12912 of 2025 Petitioner :- Jaswant Lal @ Jaswant @ Yaswant Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shailendra Kumar Pandey Counsel for Respondent :- Pankaj Srivastava,C.S.C.,Narendra Kumar Tiwari Hon'ble Prakash Padia,J. 1. Present writ petition has been filed by the petitioner inter-alia with the prayer to direct the respondents to release the payment of compensation as per award dated 25.07.2022 along with its interest and penalty in favour of petitioner within stipulated period. 2. It is admitted between the parties that aforesaid award has become final before this Court. Since the aforesaid award was not complied with, notice dated 07.10.2023 was issued by the respondent no.2 to District Collector, Fathepur. Since no action was taken on the aforesaid, petitioner has preferred the present writ petition. 3. After hearing learned counsel for the parties, this Court on 07.05.2025 passed the following order:- "1. Pursuant to the order passed by this Court, personal affidavit of respondent No.3/Executive Engineer, Purvanchal Vidut Vitran Nigam Ltd. Vidut Vitran Khand-I Fatehpur and respondent No.4/Sub Divisional Officer, Vidut Vitran Up-Khand -I, New Tehsil Road, Fatehpur have been filed today in the Court, the same are taken on record. The aforesaid respondents are also present before the Court. 2. It is stated in paragraph 14 of the personal affidavit of respondent No.4 that pursuant to the awared passed by the respondent No.2, a requisition letter has been sent by him to the Managing Director on 02.05.2025, copy of the letter is appended as Annexure No.10 to the affidavit. 3. On the basis of the oral Instructions, it is aruged by learned counsel for the respondent Nos.3 & 4 that necessary payment will be made in favour of the petitioner/workman within two weeks from today. 4. In this view of the matter, the hearing of the petition is adjurned till 22.05.2025. 5. In case, on or before the next of listing, necessary payments have not been made, the respondent Nos.3 and 4 shall remain present before the Court on the next date of listing, i.e., on 22.05.2025. 6. List on 22.05.2025. 7. The personal appearance of respondent Nos.3 & 4 is exempted for today." 4. Pursuant to the aforesaid, affidavit of compliance dated 22.05.2025 has been filed before this Court on behalf of the respondent no. 3 and 4 today, is taken on record. It is stated in para no.3 of the affidavit that electricity authority has deposited a sum of Rs. 24,40,902/- in favour of Karmchari Pratikar Ayukt/Sahayak Shramayukt on 19.05.2025 vide Demand Draft No. 5018785, which was received in his office on 21.05.2025. 5. It is further stated in paragraph-4 of the aforesaid affidavit that the respondent-electricity department are preparing for filing an appeal before this Court challenging the award dated 25.07.2022. 6. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Pankaj Srivastava (A/P 0083/2012), learned counsel for the respondent nos. 3 and 4. 7. From the perusal of record, it is clear that pursuant to the award dated 25.07.2022, sum of Rs. 24,40,902/ has already been deposited by the respondents-electricity authority with Karmchari Pratikar Ayukt/Sahayak Shramayukt on 19.02.2025. It is admitted by the learned counsel appearing on behalf of respondents that the aforesaid amount was deposited as per award dated 25.07.2022. It is further argued by him that Presiding Officer, Labour Court be directed to release the aforesaid Bank Draft in favour of workman- petitioner. 8. In this view of the matter, the present writ petition is disposed of finally directing the respondent no. 2-Employees Compensation Commissioner/Assistant Labour Commissioner, District Fatehpur before whom the aforesaid Bank Draft has been submitted to release the aforesaid amount of aforesaid Bank Draft along with upto date interest in favour of workman-petitioner forthwith without asking for any surety after obtaining undertaking before the authority concerned that he/she would return the amount in the event any adverse order is passed against the employee by this Court. Order Date :- 22.5.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad