BATI PARIHAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:

(2.) It is the case of the petitioner that the petitioner had filed a claim before the Commissioner, Employees Compensation Act and the Labour Court No.1, Gwalior by award dated 18.1.2018 passed in Case No.177/B/2017/W.C.A./Fatal allowed the claim and directed for payment of compensation amount of Rs.7,60,843/- with 12% interest. The respondent No.4 was directed to comply the order within a period of two months and since the respondent No.4 did not deposit the amount, therefore, the petitioner applied to the Labour Court and, accordingly, on 21.8.2018 the Labour Court No.1, Gwalior has issued the RRC against the respondent No.4. However, the respondents No.2 and 3 are not executing the said RRC. The copy of the RRC has been filed as Annexure P/1 and the award passed by the Labour Court has been filed as Annexure P/2. It is also mentioned in the writ petition that the order/award dated 18.1.2018 passed by the Commissioner, Employees Compensation Act/Labour Court No.1, Gwalior has attained finality and has not been challenged by the respondent No.4 and there is no interim order on the execution of the award passed by the Labour Court No.1, Gwalior. It is submitted that in spite of the fact that there is no impediment in execution of the RRC, the respondents No.2 and 3 are not executing the same.

(3.) Per contra, it is submitted by the counsel for the State that in case if the order dated 18.1.2018 has attained finality and if there is no stay order on the execution of the same, then the RRC issued on 21.8.2018 shall be put to execution without any further delay.