NARENDER SINGH Vs. DISTRICT COLLECTOR OFFICER

JUDGEMENT

(1.) The petitioner seeks issue to directions to respondent no. 1 directing respondents to execute the Recovery- Certificate dated 19th October, 1989 in favour of the petitioner.

(2.) On 1st February, 1989 Labour Court made an Award in favour of the Petitioner and in terms of the Award a certificate dated 19the October, 1989 was issued certifying that Rs. 6014.00 are due to petitioner from Respondent No. 2. Thereafter, the petitioner demanded compliance of the order dated 1st February, 1989 and payment of the amount as per recovery certificate. Since the recovery certificate was not executed for considerable time, the petitioner filed this petition in August, 1990 seeking the relief,

(3.) It appears that the recovery certificate was issued on the basis of award which was passed ex parte against respondent no. 2. When the petition came up for hearing before this Court on 29th August, 1991, it was represented for the respondents that an application for setting aside the award had been filed and is pending. The writ petition was adjourned with directions to parties to bring to the notice of the Registry after application for selling aside the award had been disposed of by the Tribunal. The intimation about dismissAl ofth said application by the Industrial Tribunal 1 vide its order dated 13th September 1994 was furnished by the Petitioner on 6th February, 1996. On last date of hearing counsel for the respondent prayed for time to take instructions. Learned counsel for the respondents is unable to state even today as to what steps have been taken after order was passed on 13th September, 1994. The award in favour of the petitioner was made more than seven years ago. Even the recovers certificate was issued way back in October, 1989. The amount has still notbeen paid.