Kishor S/O. Gajanan Harankhede v. The Collector, Wardha And Others
2025:BHC-NAG:8664-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4684 OF 2025 Kishor S/o. Gajanan Harankhede .Vs.
The Collector, Wardha and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr Sahil Mate, Adv alongwith Mr Parth Naukarkar, Advocate for the petitioner Mr N. R. Patil, AGP for the respondents/State CORAM :
A NIL S. KILOR AND RAJNISH R. VYAS, JJ.
DATED :
SEPTEMBER 03 , 2025 .
Heard.
2.
The petitioner filed an application under Section 22 of the Workmen's Compensation Act, 1923 (for short 'the Act of 1923) for determination of amount of compensation on account of accident of the petitioner. The said application was allowed and the amount of compensation was determined to the tune of Rs.4,70,159/- (Rupees Four Lacs Seventy Thousand One Hundred and Fifty Nine Only) with 12 % interest.
3.
Thereafter, the proceeding under Section 31 of the Act of 1923 came to be filed for recovery as per Land Revenue Code, which was allowed and a direction was issued to respondent No. 1 to recover compensation amount to the tune of Rs.7,60,561/- (Rupees Seven Lacs Sixty Thousand Five Hundred and Sixty One only).
4.
It is the grievance of the petitioner that despite this, respondent No. 1 has failed to comply the order of the Judge, Labour Court, Wardha.
5.
Therefore, by way of present petition a direction is sought against respondent Nos.1 and 2 to take immediate steps for recovery of amount as determined by the Commissioner for Workmen's Compensation and Judge, Labour Court, Wardha vide judgment and order dated 05.04.2016.
6.
From the record it appears that the petitioner repeatedly approached to the respondent Nos. 1 and 2 and despite the same till date and even after 10 years no recovery is made.
7.
In the circumstance, we are of the opinion that this petition can be disposed of by issuing direction to respondent Nos.1 and 2 to take immediate steps for recovery of the amount as determined vide judgment and order dated 05.04.2016.
8.
Accordingly, we dispose of the present writ petition with direction to respondent Nos. 1 and 2 to take steps to recover the amount of compensation as determined by the Judge Labour Court, Wardha vide judgment and order dated 05.04.2016 passed in Misc. WCA (F) No. 14 of 2015, within a period of three months from today.
9.
Learned AGP undertakes to communicate this order to respondent Nos. 1 and 2.
[RAJNISH R. VYAS, J.] [ANIL S. KILOR, J.] Namrata