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Bombay High CourtWP/5681/2013disposed off

Shri. Mahesh Ramnagina Sahani v. Commissioner, Workmen Compensation And ANR

2017-10-30Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

vikrant 1/2 20-WP-5681-2013.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5681 OF 2013 Shri Mahesh Ramnagina Sahani ... Petitioner Vs.

Commissioner, Workmen Compensation & Ors.

... Respondents ......

None for the Petitioner.

Mr. Prashant P. More, AGP for Respondent-State. ......

CORAM : S. C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

DATE : OCTOBER 30, 2017.

P.C. :

1.

There are three Advocates engaged by the petitioner and all of whom are absent today. Even the petitioner is absent. The Petition is pending in this Court from 31st July, 2013. No attempt has been made to argue it. There has been a repeated attempt to seek adjournment and barring 24th October, 2013, on no other date has any attempt been made to seek any relief. On 24th October, 2013, this Court, speaking through its Division Bench, passed a detailed order. The State Government was directed to issue necessary directives to all the District Collectors to proceed and recover the amounts under the recovery certificates. This order was passed because the dues under the Workmen's Compensation Act, 1923, though crystallized and the Revenue

vikrant 2/2 20-WP-5681-2013.odt machinery in law is obliged to render assistance to the aggrieved parties and workmen like the petitioner to obtain the benefit of the certificate, was not taking any interest. The inaction and silence on the part of the Collectorates of the District exhibits total insensitivity. Once this Court has issued general directives, we think that the petitioner may have been extended the benefit by now. That is why, it seems, he is not present. In the circumstances, we do not think that we should keep the Petition pending. The Petition is disposed of.

2.

If the amount is still not paid to the petitioner, it shall be paid as expeditiously as possible and within a period of two months from the date of receipt of a copy of this order. (SMT. BHARATI H. DANGRE, J.) (S. C. DHARMADHIKARI, J.)