#. Heard Learned advocate Mr.Dharmesh Shah appearing on behalf of the petitioner and Ms.Sejal Sutariya, learned advocate for respondent Corporation.
#. Present petition is filed by the petitioner workman challenging recovery order dated 20th December, 1995 which is at Annexure-D pg.16. Initially, the respondent Corporation has paid the amount of arrears in pursuance of the award dated 18th January, 1994 passed in Reference No.12/ 1988. That order has been produced at Annexure-B passed in September, 1994 in favour of the petitioner and accordingly, arrears has been paid to the petitioner. The respondent Corporation has paid arrears in pursuance of the order dated nil of September, 1994 bearing No.1124 / 1994 but thereafter, the respondent Corporation has filed Special Civil Application No.12494 / 1994, wherein this Court has granted Stay against the impugned award by order dated 17th February, 1995. Therefore, subsequently, this Court has stayed operation of the award in question. Therefore, Corporation has served notice on the petitioner to recover the said amount because Stay was granted by this Court on 17th February, 1995 by letter dated 20th December, 1995 which is at Annexure-D. This notice and / or letter is under challenge in this petition on the ground that before obtaining the Stay from this Court, the corporation has already paid the amount of arrears in pursuance of the award in question. Moreover, today this Court has disposed of tagged petition being Special Civil Application No.12494 / 1994 and dismissed the said petition. Therefore, now there is no question of recovering any amount from the petitioner and order passed being Divisional Establishment order No.1185 / 195 which is at pg.16 - Annexure-D which was received by the petitioner on 20th December, 1995 is hereby quashed and set aside.
Therefore, this petition stands allowed accordingly. Rule is made absolute. No order as to costs.
Date : 2-4-2002[H.K.Rathod, J.] #kailash#