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SCA/1774/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1774 of 2011
=========================================================
RAMPRASAD
BABUSING - Petitioner(s)
Versus
DISTRICT
COLLECTOR & 1 - Respondent(s)
=========================================================
Appearance
:
MR
UT MISHRA for
Petitioner(s) : 1,
MR AL SHARMA AGP for Respondent(s) : 1,
NOTICE
SERVED BY DS for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 15/03/2011
ORAL
ORDER
1. Heard
learned advocate Mr.U.T.Mishra for petitioner and learned AGP
Mr.A.L.Sharma for respondent No.1.
2. Notice
issued by this Court is served to respondent No.2 but, no appearance
is filed by it and no advocate is engaged and no responsible officer
remained personally present on behalf of respondent No.2. Therefore,
in absence of respondent No.2, matter is taken up for final hearing
today.
3. The
prayer made in this petition in Para.6(A) to direct the District
Collector, Ahmedabad – respondent No.1 herein to recover the
aforesaid amount of arrears of land revenue forthwith along with
interest from date of order dated 12.5.2009.
4. The
Recovery Application No.1003 of 2008 (Original No.44 of 2004) was
filed by applicant – Ramprasad Babusing against respondent No.2
– employer wherein the respondent No.2 – employer
remained absent and ultimately, in absence of respondent No.2 –
employer, on 12.5.2009, Labour Court, Ahmedabad has passed the order
with a direction to respondent No.2 to pay Rs.1,48,250/- to present
petitioner. Accordingly, recovery certificate is also issued by
Labour Court on 8.6.2009 to recover the aforesaid amount from
employer. Thereafter, on 10.8.2010, a request was made by Union to
Alien Recovery Mamlatdar to recover the amount as specified in
recovery certificate. But no steps have been taken by Alien Recovery
Officer. Thereafter, a notice was served through advocate to
District Collector, Ahmedabad (Alien Recovery Section) on
14/29.12.2009. Even though, no effective steps have been taken by
recovery authority as per recovery certificate issued by Labour
Court, Ahmedabad dated 8.6.2009.
5. It
is necessary to note that respondent No.2 – employer has
remained absent before Labour Court in recovery proceedings. Not only
that but respondent No.2 – employer has also not remained
present before this Court despite the fact that respondent No.2 has
received the notice from this Court.
6. In
view of above, the District Collector, Ahmedabad is directed to
recover the amount of Rs.1,48,250/- as per recovery certificate dated
8.6.2009 with interest while exercising the powers under the
provisions of Bombay Land Revenue Code as early as possible, within a
period of two months from date of receiving copy of present order and
thereafter, to deposit the entire amount before the Labour Court,
Ahmedabad and inform the present petitioner by Regd.A.D. Letter,
without fail.
7. In
view of above observations and directions, present petition is
disposed of.
[
H.K.RATHOD, J. ]
(vipul)
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