1 2025:CGHC:7495 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPL No. 68 of 2019 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, D.K.S. Bhawan, Raipur., District : Raipur, Chhattisgarh 2 - The Chief Engineer Public Works Department, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 3 - The Executive Engineer Public Works Department, Pendra Division, Pendra Road Chhattisgarh., Chhattisgarh ... Petitioner versus 1 - Rajkumar Yadav S/o Shiv Balak Yadav, Through Santan Prasad Yadav, Telipara, Near Nandu Garage, R.K. Boot House, Street No.3, Infront Of Jaiswal’s House, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent For Petitioners/State : Shri Vinay Pandey, Dy. A.G. For Respondent : Shri Lav Sharma, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 12.02.2025 1. The petitioners/State have filed this petition seeking the following relief(s):- “10.1 This Hon'ble Court be pleased to call for the entire records pertaining to the case of the petitioners from the court below for perusal of this Hon'ble Court. Digitally signed by SMT NIRMALA RAO -2- 10.2 This Hon'ble Court be pleased to issue a writ in the nature of certiorari quashing the entire proceedings initiated under Case No.07/I.D.A./MCC/2008 (Annexure P-1, including order dated 1.4.2008, by the learned Labour Court, Bilaspur. 10.3 This Hon'ble Court be pleased to issue a writ in the nature of certiorari quashing the Revenue Recovery Certificate dated 2.6.2008 (Annexure P-2) issued by the learned Labour Court, Bilaspur in Case No.07/I.D.A./MCC/2008, in the interest of justice. 10.4 Cost of the proceedings. 10.5 Any other writs and directions that may be deemed fit and just in the facts & circumstances of case.” 2. Learned counsel for the petitioners/State would submit that the Learned Labour Court under the Industrial Disputes Act, 1947, in Case No.07/ I.D.A./ MCC/ 2008 dated 30.7.2007 allowed the application moved by the respondent under Section 33C(2) of the Industrial Disputes Act and the State has been directed to make payment of Rs.12,036/- within 45 days, failing which the amount shall carry interest @ 18% from 25.10.2004 till the date of its realization. He would further submit that an application for execution was moved by the petitioners and the learned Labour Court issued a Revenue Recovery Certificate (RRC) on 2.6.2008 for a sum of Rs.72,819/- whereas, no such award in favour of the respondent was passed nor any such application was moved by the respondent before the concerned authority. 3. On the other hand, learned counsel for the respondent would oppose the submissions made by counsel for the petitioner. 3 4. Heard learned counsel for the parties and perused the documents present on the record. 5. The award was passed to make payment of Rs.12,036/- within 45 days, failing which the amount shall carry interest @ 18% from 25.10.2004 till the date of its realization. The respondent moved an application for execution claiming therein Rs.12,036/- but the learned Labour Court issued RRC for a sum of Rs.72,819/-, which appears to be erroneous. 6. Considering the above-stated facts, the RRC issued by the learned Labour Court dated 2.6.2008 along with subsequent memos issued by the Tehsildar etc. are hereby set aside. The petitioners are directed to make payment of the award amount Rs.12,036/- with interest @ 18% from 25.10.2004 till its realization within a period of 60 days from the date of receipt of a copy of this order, if already not paid. 7. With the aforesaid observation(s), the petition is partly allowed. Sd/- (Rakesh Mohan Pandey) Judge Nimmi