M/S. D.A.V Public School Petitioner v. Asstt Labour Commissioner And Others S

Hon'ble Arvind Kumar Tripathi, J.

Heard learned counsel for the petitioner, learned Standing Counsel and perused the record.

By means of present writ petition the prayer is to issue writ of certiorari quashing the order dated 21.8.2012 passed by respondent no. 1 on application moved under section 6H(1) of the U.P Industrial Dispute Act, 1947, annexure 5 to the writ petition.

Learned counsel for the petitioner submitted that in pursuance of the order of this Court passed on 24.9.2012 the entire amount was deposited out of which respondent workman Nanhey Lal Verma was permitted to withdraw 50% of the amount after furnishing security and 50% was invested in Bank. Subsequently, the matter was settled in between the parties and 6 lakh was paid. Rs. 1,12,432/- was withdrawn, which was deposited by the petitioner in pursuance of the interim order passed by this Court. Since the payment has already been made and the matter has been settled in between the parties hence remaining 50% of the amount, which was deposited in the Bank in pursuance of the interim order has to be returned to the petitioner.

Learned Standing Counsel submitted that if the entire amount has been deposited then he will be entitled for withdrawal of the amount.

Considered the submission of learned counsel for the parties. Since the matter was settled hence no step was taken for service of notice upon respondent no. 2. In pursuance of the order passed by this Court the entire amount was deposited out of which 50% of the amount i.e a sum of Rs. 1,12,432/- was withdrawn and when the matter was settled payment was made for a sum of Rs. 6 lakh hence in view of the facts and circumstances, petitioner is entitled for withdrawal of the 50% amount deposited by him with the Bank. Hence respondent no. 1, Assistant Labour Commissioner, U.P Ghaziabad Region, Ghaziabad and Bank, concerned will ensure payment of the 50% amount to the petitioner, which has been deposited for a period of one year and renewed further for a period of one year in compliance of the order dated 24.9.2012, as expeditiously as possible, preferably within one month after furnishing certified copy of this order.

Accordingly, present writ petition is finally disposed off.