Court No. - 23 Case :- MISC. SINGLE No. - 2289 of 2004 Petitioner :- M/S Premier Security Services, 309, Proprietorship Respondent :- Presiding Officer, Labour Court, Lucknow And 2 Ors Petitioner Counsel :- S.K. Srivastava Respondent Counsel :- C.S.C,G.S. Yadav,S.A. Siddiqui,Sanjay Bhasin Hon'ble Devendra Kumar Arora,J.
(C.M.A. No.109682 (W) of 2010)
This is an application for release of money to the applicant/ respondent no. 3,
deposited by the petitioner in this Court in compliance of the Court’s order.
Submission of learned counsel for applicant is that the present writ petition
has been filed challenging the award of Labour Court dated 29.3.2004 by
which liability to pay wages of opposite party no. 3 for the period May, 1999
to May, 2000 (Rs. 24,345,75) was fixed upon the petitioners. This Court vide
order dated 28.5.2004 stayed the operation of the impugned award subject to
condition the petitioner deposits 50% of the amount in this Court within
period of two months.
Learned counsel for applicant further submits that the parties entered into a
compromise on 3.3.2009 and one of the condition of the said compromise was
that the respondent would be allowed to withdraw the money deposited in this
Court. Thereafter petitioner moved application for withdraw of writ petition,
as not pressed which was allowed and writ petition was dismissed as
withdrawn. At the time of withdraw of writ petition no other order was passed
with respect to withdrawal of money deposited in Court. Learned counsel
submits that since the parties have entered into compromise, it is desirable in
the interest of justice that 50% amount of the award be directed to be released
in favour of respondent no. 3.
Sri Devi Prasad Dubey, learned counsel for petitioner has no objection if the
amount is released in favour of respondent no. 3.
I have considered the submissions of learned counsel for applicant/respondent
no. 3.
The parties have entered into a compromise and writ petition has already been
dismissed as withdrawn on 24.10.2009. The learned counsel for petitioner has
also no objection for release of the amount in favour of respondent no. 3, as
such, in my opinion, there is no legal impediment for release of 50% of the
amount deposited by the petitioner in this Court.
The application is allowed.
The Registry is directed to release 50% of the amount of the award i.e. Rs.
12,173- deposited in this Court, n favour of the applicant/ respondent no. 3.
Order Date :-15.7.2010/ashok