BABUBHAI BACHUBHAI PATHAN Vs. DISTRICT DEVELOPMENT OFFICER

JUDGEMENT

(1.) As the issue pertains to execution of the Labour Court award and that already the proceedings for recovery have also taken place to great extent including issuance of warrant and attachment of property. However, on account of the non-availability of the defaulter namely Babulal N. Jain, Director of erstwhile Paraiya Fabrics-respondent No.7, who is now represented by learned advocate Mr. Kishankumar R. Maurya. Learned advocate Mr. Kishankumar R. Maurya, under the instructions now states that in satisfaction of the award respondent No.7 is ready and willing to deposit the entire amount of Rs.4,11,884.00 in periodic installments. He states that the as respondent No.7 is already aged 67 years, the time period of approximately six months be considered for paying the installments. It is stated that an amount of Rs.1.00 Lakh will be paid on or before 30/7/2022 and remaining amount may be paid by monthly installments as the Court deems fit.

(2.) Learned advocate Mr.D.J.Bhatt for the petitioners states that now the heirs are on record and if the aforesaid amount is paid to them, the award would stand satisfied and the petitioners would have no further grievance or claim against the respondent No.7 or the company being S.R.Industries, which is now stepped into the shoes of erstwhile Paraiya Fabrics. The other respondents have no objection to this arrangement.

(3.) In view of the aforesaid, it is ordered that the respondent No.7-Babulal S/o Nemichand Jain, Aged 67 years, residing at: 237/7, Dola Dungari, Juna Keradu Marg, Barmer, Rajasthan, represented through learned advocate Mr.Kishankumar Maurya deposit an amount of Rs.1.00 Lakh before this Court on or before 30/7/2022 and thereafter, shall deposit the balance amount in monthly installment i.e. to say further Rs.1.00 Lakh in the month of August-2022, September-2022 and October-2022. The petitioners are now permitted to withdraw the same by an application to the Registry by an account payee cheque, upon verification as and when such amounts are deposited periodically. The respondent No.7- Babulal N. Jain shall file an undertaking before this Court on or before 8/7/2022 to undertake before this Court to deposit an amount as specified in this order.