It has been contended by Sri Anurag Khanną, learned counsel appearing for petitioner that out of 1269 workerş, about 1149 workers of the factory have already compromised and they are working and getting salary. Therefore, this fact was brought to the notice of labour court by making an application. Instead of passing suitable order, Labour Commissioner has issued fresh recovery certificate against petitioner for recovery of amount in favour of those workers who have not compromised and has not returned to work. The citation issued earlier has already been adjudicated by this Court and interim order has already been granted but instead of passing suitable orders, fresh recovery citation has been issued for the balance amount dated 29.1.2010 in favour of those workmen who have not joined the work and they are not party to compromise.
In my opinion, Labour Commissioner without seeking leave from the Court could not have passed such orders issuing fresh recovery certificate.
In view of aforesaid facţ, recovery citation issued dated 29.1.2010 shall remain stayed and authorities are directed not to initiate coercive action against petitioner. This order will be operative for a period of six weeks.
List this case on 22.3.2010.
Order Date :- 3.2.2010 SKD Order Date :- 3.2.2010 SKD