Heard Mr. Dave, learned advocate for the petitioner, and Mrs. Pathak, learned AGP, for the respondents.
2. Mrs.
Pathak, learned AGP, has placed on record affidavit dated 14.2.2012 wherein, it is, inter alia, stated that:-
"5. The petitioner challenges the action on the part of the respondent No.1, whereby though Recovery Certificate has been issued by the Learned Presiding Officer, Labour Court, Surat on 01.01.2009, till date respondent No.1 has not effected the recovery of the said certificate.
6. I say and submit that, the Certificate was issued on 01.01.2009. A notice was issued on 03.03.2009 and summons was issued on 30.07.2009. Last notice was issued on 03.01.2012. Recovery was done on 11.02.2012. Principle amount of the Recovery Certificate is Rs.48,781.76 and interest is Rs.14,333/-, total Rs.63,415/- and the cheque bearing No.564159 dated 11.02.2012 of the Bank of Baroda, Bhatar Road, Surat branch is ready. A copy of the said cheque is annexed herewith and marked as Annexure-R-I to this Affidavit in Reply.
7. I respectfully say and submit that, the office of the deponent has called for the petitioner for giving the cheque of the Recovery Certificate and as and when the petitioner contacts the office of the deponent, the said cheque will be handed over accordingly. The delay in recovering the Recovery Certificate was due to administrative procedure, which may be pardoned by the Hon'ble Court."
3. Mrs.
Pathak, learned AGP, has also placed on record communication dated 13.2.2012, which is signed by Mamlatdar, City Taluka Surat, and is addressed to the present petitioner informing him that a sum of Rs.63,414.76 has been recovered by way of execution of the recovery certificate and the said amount he may collect from the office of the Mamlatdar.
4. In view of the aforesaid affidavit and the communication dated 13.2.2012, Mr. Dave, learned advocate for the petitioner, has submitted that the grievance made by the petitioner stands redressed and that therefore, any cause for petition now does not survive.
5. In view of the said statement by Mr. Dave, learned advocate for the petitioner, and the affidavit and communication dated 13.2.2012, the petition stands disposed of since the respondents have executed the recovery certificate and recovered the amount and cause for petition now does not survive.
The petition stands disposed of accordingly. Notice is discharged.
(K.M.Thaker, J.) kdc