MAHENDRA SINGH Vs. COLLECTOR GORAKHPUR

JUDGEMENT

(1.) The petitioner, a workman within the meaning of the Workmen's Compensation Act, 1923, has to knock the doors of this Court for recovery of the amount awarded to him pursuant to the order dated 25.9.1979 passed by the Workmen's Compensation Commissioner, Gorakhpur as contained in Annexure- 1 to the writ petition.

(2.) The facts in dispute are in a narrow compass. After the passing of the order aforementioned holding the petitioner to be entitled to have uompensation to the tune of Rs. 12,600 from respondent No. 2 with a further direction to respondent No. 2 to pay the said amount within one month alongwith cost of Rs. 45 which too was required to be paid within same time and despatch of that order for execution by the Collector, Gorakhpur/respondent No. 1 and reminder by the petitioner vide Annexure-3, no action has been taken by respondent No. 1 and hence this writ petition. The submissions :

(3.) Sri Shyam Narain, the learned counsel appearing on behalf of the petitioner, contended that this is the grossest case in which respondent No. 1 a statutory authority has refused to discharge his statutory functions which has resulted into manifest failure of justice and, therefore, it is a fit case which should be allowed.