Court No. - 47
Case :- WRIT - C No. - 18489 of 2019 Petitioner :- Sunil Kumar Respondent :- Labour Commissioner Meerut Counsel for Petitioner :- Rahul Kumar Tyagi Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
The petitioner's father stood surety for the release of 1/2 of compensation awarded by the Workman's Compensation Commissioner that was ordered to be released in his favour, out of the total award. The petitioner's father has now expired and he has made an application before the Compensation Commissioner, Meerut dated 22.09.2018 that the encumbrance created while standing surety for the refund of 1/2 Compensation released was a 1/3rd share in Khasra no. 297/3, admeasuring 0.2530 hectare of Khata no. 134 in village Pathanpur @ Soondpur, Tehsildar and District Meerut. He has asked for the release of this property that he has inherited from his father from encumbrance for reason that the one who stood surety is no more, and otherwise also in the changed circumstances, the learned counsel for the petitioner submits that the beneficiary of the order passed by the Compensation Commissioner who has been paid half of the amount due under the order of compensation, may be required to furnish a fresh surety of a person who is around. He cannot hold the amount on a dead man's surety.
Be that as it may, this Court is not inclined to go into the question as the application is pending before the Compensation Commissioner. The concern of this Court is that an application as trivial as this is pending since 22.09.2018, and has not been disposed of till date much to the prejudice to the petitioner whose property and rights are clogged by the encumbrance.
After hearing the learned counsel for the petitioner and the learned Standing Counsel, this Court proposes to dispose of this petition without admitting it to hearing.
It is accordingly ordered that the Deputy Labour Commissioner/Employees' Compensation Commissioner, Meerut before whom application dated 22.09.2018 has been filed in Case No. 204 of 2005 seeking lifting of the encumbrance from his land bearing Khasra no. 297/3 to the extent of 1/3rd share of his father, be disposed of within a period of fifteen days from the date of receipt of a certified copy of this order.
This writ petition stands disposed of in terms of the above orders. There shall be no order as to costs.
Order Date :- 29.5.2019 Deepak