M/S R.K. CONTRACTOR AND SUPPLIER v. STATE OF UTTAR PRADESH AND 5 OTHERS
WRIC/35957/2026 · 2026-09-08
Saurabh Shyam Shamshery
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4913 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4913 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35957 of 2026 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard learned counsel for petitioner and learned Standing Counsel for respondents.
2. An award dated 27.03.2024 was passed by Prescribed Authority under Workmen Compensation Act,1923 whereby it was directed that respondent-6 (mother of deceased) shall be paid an amount of Rs. 10,91,216/-. Said insurance company was granted liberty to recover said amount from petitioner-employer. A further direction was passed that notice u/s 4A(3)(b) of Act, 1923 be issued to petitioner-employer.
3. Learned counsel submits that petitioner is not aware about any proceedings of recovery in terms of directions passed in order dated 27.03.2024 and he came to know about recovery when a recovery citation dated 30.08.2026 was issued by Tehsildar, therefore, petitioner-employer has approached this Court.
4. I have considered above submissions and found that recovery certificate cannot be cancelled at this stage, however, petitioner-employer is granted a liberty to approach either before Prescribed Authority under the Act or before District Magistrate concerned who will provide the orders, if any, passed before issuing recovery citation.
5. In case petitioner moves an application within 14 days from today, concerned respondent will consider it and will provide relevant documents within three weeks thereafter, if there is no legal impediment. Versus Counsel for Petitioner(s) : Govind Narayan Mishra Counsel for Respondent(s) : C.S.C. M/S R.K. Contractor And Supplier .....Petitioner(s) State Of Uttar Pradesh And 5 Others .....Respondent(s)
6. So far as order passed in 27.03.2024 is concerned, the petitioner if so advised can file an appeal before Appellate Authority, subject to legal impediment.
7. Writ petition stands disposed of with above observations. September 9, 2026 N. Sinha WRIC No. 35957 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad