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Allahabad High Court
Bhagwan Das Kushawaha & Others vs Labour Court & Others on 29 January, 2010
                     Court No. - 27
                     Case :- WRIT - C No. - 38898 of 2001
                     Petitioner :- Bhagwan Das Kushawaha & Others
                     Respondent :- Labour Court & Others
                     Petitioner Counsel :- Mahima Maurya,K.P. Agarwal,Miss.Sumat Rani
                     Gupta,S.R. Gupta
                     Respondent Counsel :- C.S.C.,D.K. Pandey,H.P. Pandey
                     Hon'ble Sibghat Ullah Khan,J.

Heard learned counsel for the parties. In this writ petition on 27.1.2010
following order was passed:

“Writ petition has been restored.

Learned counsel for the respondent no. 2 states that as far as the main amount of Rs. 91,287/-
directed to be paid by the impugned award to the petitioner is concerned, respondent no. 2 is ready
to pay the said amount, however learned counsel prays that the respondent no. 2 may be exempted
from paying the rest of the amount imposed as interest, penalty etc. On the suggestion of the Court,
Sri K.P. Agarwal, learned Senior counsel for the petitioner has agreed for the same.
Accordingly, put up on 29.1.2010. On the said date a draft of main amount (Rs. 91,287/-) drawn in
favour of the petitioners shall be brought in Court. However, respondent no. 2 is also at liberty to
deposit the aforesaid total amount of Rs. 91,287/- before the Presiding Officer, Labour Court, U.P.
Varanasi.

Certified copy of this order may be supplied on payment of the usual charges to learned counsel for
the parties today, if possible, otherwise by tomorrow.”

Learned counsel for respondent no.2 states that requisite amount of

Rs.91,287/- has been deposited with the Labour court on 28.1.2010. Receipt

in that regard has been placed on record. Learned counsel for the petitioner

admits this fact.

Accordingly, writ petition is disposed of. Impugned order is modified. As far

as direction regarding payment of the main amount of Rs.91,287 is concerned

the same is maintained. As far as the direction for payment of interest etc. is

concerned the same is set aside. The labour court is directed to disburse the

deposited amount of Rs.91,287/- to all the petitioners in accordance with their

entitlement. Petitioner nos. 2 and 4 have died. They have been substituted by

the orders of date passed on the substitution application. Their shares shall be

paid to their legal representatives. However, it is clarified that the above order

has been passed as on the suggestion of the court learned counsel for both the

parties agreed for disposal of the writ petition in the above manner and it shall

not be treated as precedent for any other case involving the question of leave
encashment.

Order Date :- 29.1.2010
RS


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