Jagannath Ramchandra Rokade v. The State Of Maharashtra And Others

6330.20wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO.6330 OF 2020 JAGANNATH RAMCHANDRA ROKADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr Ashok A. More, Advocate for petitioner;

Mr S. B. Yawalkar, A.G.P. for respondent Nos.1 to 3/State CORAM : RAVINDRA V. GHUGE AND S. G. MEHARE, JJ.

DATE : 30th June, 2021 PER COURT:

1.

We have heard Shri. More, the learned Advocate on behalf of the petitioner and the learned A.G.P. on behalf of respondent Nos.1 to 3. With their assistance, we have persued the petition paper book. 2.

There is no dispute that the judgment of the Controlling Authority delivered under the Payment of Gratuity Act 1972, has to be implemented after a recovery certificate is issued. It is equally undisputed that the Controlling Authority has delivered it's judgment on 03/11/2018 and the petitioner has acquired the recovery certificate dated 03/08/2019. In these circumstances, it is the right of the

6330.20wp (2) petitioner to get his gratuity amount recovered and it would be a legal obligation on the part of the respondent Nos.2 and 3 to ensure the execution of the recovery certificate.

3.

In view of the above, this petition is disposed off by directing respondent Nos.2 and 3 to get the recovery certificate dated 03/08/2019 executed by following the due procedure as is laid down in law. The said exercise shall be completed on or before 31st December, 2021. In the event respondent Nos.2 and 3 find any hurdle in execution of the recovery certificate, they are at liberty to approach this Court by filing an application with due notice to the petitioner, well in advance and should not wait till the period granted by us has expired.

(S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.) sjk