LAWS(BOM)-2011-12-26

SHRIKRISHNA SAW MILL Vs. STATE OF MAHARASHTRA

Decided On December 12, 2011
SHRIKRISHNA SAW MILL Appellant
V/S
STATE OF MAHARASHTRA, THROUGH TAHSILDAR, DHARANGAON, DIST. JALGAON Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned Counsel appearing for the parties, this petition is taken up for final disposal.

(2.) This writ petition takes exception to the order dated 09022010 below Exhibit U16 and U20 in Misc. W.C.A. No. 7 of 2005 passed by the Commissioner for Workmen's Compensation, Labor Court, Jalgaon.

(3.) It is the case of the petitioner that, there was compromise between himself and respondent No. 2 thereby it was settled to pay an amount of compensation of Rs. 55,000/. It is further case of the petitioner that, the application was filed before the Labor Court, Jalgaon supported by the affidavit by the parties that the matter has been settled and respondent No. 2 has received the amount of compensation and hence, prayer was made for recalling the recovery certificate. It is further case of the petitioner that, in spite of this, said compromise is not abided by respondent No. 2. In fact, total amount of Rs. 55,000/ was paid to respondent No. 2. It is the case of the petitioner that, an amount of Rs. 55,000/ was paid to the Advocate appearing for respondent No. 2 and in turn, the said Advocate handed over the amount of Rs. 55,000/ to respondent No. 2.