1.The application is preferred by the applicants for recalling of the order dated 30.1.2004 passed in SCA No.13683/2004. The applicants have also prayed to direct respondent No.1 to reapply the seal within a period of two days from today and the applicants have also prayed to direct respondent No.1 to recover the amount mentioned in the recovery certificate with 10% interest and cost.
2.Upon hearing Mr.Koshti, learned Counsel for the applicants, it appears that merely because the amount is not deposited as per the declaration made before this Court, the same cannot be said as a valid ground for recalling of the order, since the contingencies of such type is already taken care of as per paragraph No.7.5 of the order dated 30.1.2004 passed by this Court in Special Civil Application No.13693/2004. It appears that the grievance of the petitioner further is that the Labour Court has intimated to the Collector that the amount is not paid and the District Collector has not taken any step for compliance of the directions mentioned at paragraph 7.5 of the earlier order. For such grievance, the present Misc. Civil Application cannot be entertained and it would be for the applicants to move appropriate application to the District Collector and if such application is made, the action shall be taken by the District Collector as per the order dated 30.1.2004 passed in SCA No.13693/2004.
3.The directions to the District Collector to recover the amount is already considered in the earlier petition and, therefore, the present Misc. Civil Application for further directions cannot be entertained.
4.In view of the above, Mr.Koshti, learned Counsel for the applicants, seeks permission to withdraw this application with a view to move appropriate application/representation to the District Collector for compliance of the earlier order. Permission granted.
Disposed of as withdrawn. If such an application/representation is made, the same shall be decided and the necessary action in accordance with law shall be taken by the District Collector, preferably within a period of one month from the date of such representation.
10.1.2005(Jayant Patel, J.) vinod