- (1.) Supplementary affidavit filed today is taken on record.
(2.) The petitioner had raised an Industrial Dispute, which was referred to the Labour Court, Gorakhpur in the year 1999 and was registered as Adjudication Case No.10 of 1999. The Labour Court passed an award dated 3rd February, 2004 directing for reinstatement of the petitioner with consequential benefits and back wages. As per averments contained in the supplementary affidavit the said award dated 3rd February, 2004 has become final. It was not carried any further by the respondent - Nagar Palika Parishad, Mubarakpur, District Azamgarh where the petitioner claims to have been working. Subsequently the petitioner filed an application under Section 6H(1) of the U.P. Industrial Dispute Act which was registered as R.D. Case No.7 of 2006. The Deputy Labour Commissioner by order dated 17th October, 2007 acting as Secretary under the U.P. Industrial Dispute Act, 1947 passed an order directing the Executive Officer and the Chairman, Nagar Palika Parishad to deposit an amount of Rs.4,03,254/- within 30 days failing which the said amount would be recovered as arrears of land revenue. As the amount was not deposited, the Deputy Labour Commissioner, Azamgarh issued a letter to the Collector, District Azamgarh 30th January, 2008 to recover the aforesaid amount as arrears of land revenue from the Nagar Palika Parishad, Mubarakpur, District Azamgarh. According to the learned counsel for the petitioner till date no recovery has been made, as result of which petitioner has still not been able to reap the benefit of the award dated 3rd February, 2004. even though a period of more than 7 years have passed. In the circumstances present petition has been filed with a prayer to direct the Collector, Azamgarh to recover the said amount pursuant to the order dated 17th October, 2007 and the recovery letter dated 30 January, 2008 issued by the Deputy Labour Commissioner, Azamgarh.
(3.) From the facts as stated above, it appears that there is gross negligence and in action on the part of the Collector, Azamgarh and the recovery department in effecting the recovery from Nagar Palika, Mubarakhpur, Azamgarh resulting into severe hardship and loss to the petitioner who is running from pillar to post and was compelled to approach this Court.;