Decided on July 03,2007



- (1.) It is submitted by learned counsel for the petitioner that pursuant to a recovery certificate issued against the Management on November 15, 2000, a settlement was arrived at between the Management and the workman on March 27, 2001. Consequently, the terms of settlement, the payment receipt executed by the workman along with an application for closure of the proceedings were filed before the Deputy Labour Commissioner. Having regard to the said documents, the Deputy Labour Commissioner vide order dated March 8, 2001 closed the proceedings. However, a few days later vide a communication of April 11, 2001, the Deputy Labour Commissioner at the instance of respondent No. 2, namely, Azad Motor Parts Tyres General Udyog Karmachari Union called upon management to appear before him. This was done on the allegation of the workman that his signatures on the settlement papers were obtained before making payment of the settled amount and that after he had signed the papers, no payment as agreed upon was made to him. In view of the allegation, the Union which was espousing the cause of the workman was asked to produce the workman but it failed to do so. Hence, vide order dated July 12, 2001, the proceedings which were re-opened at the instance of the Union were dropped. However, on August 16, 2001, the Deputy Labour Commissioner again asked the management to appear before him. This was followed by a recovery certificate dated February 21, 2002 asking the Management to deposit a sum of Rs. 1,05,790/-. It is against issuance of this recovery certificate that the Management has preferred the writ petition.
(2.) It is submitted by learned counsel for the petitioner that the Labour Commissioner cannot open and close recovery proceedings at the whims of the workman or the Union, more so, when according to the Management, the entire matter stood settled on March 28, 2001. Having said so, counsel for the petitioner without prejudice to the case set up in the writ petition is once again prepared to appear before the Labour Commissioner along with all the documents pertaining to the settlement so as to make good his submission that the claim of the petitioner stands already satisfied.
(3.) In view of what has been noticed above, the Management as also the workman are directed to appear before the Deputy Labour Commissioner on July 19, 2007 at 3.00 p.m. with all the relevant documents. As a consequence of this order, the recovery certificate dated February 21, 2002 is quashed. The Deputy Labour Commissioner shall pass fresh orders after hearing the parties and after considering the documents produced before him. In the event of either party failing to appear before him, he shall be at liberty to pass appropriate orders.;

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