North Delhi Municipal Corporation v. Surender Singh & Anr.

Signature Not Verified November, 2016 by remanding back the matter to the Deputy Labour Signing Date:30.09.2024 17:01:45 Certify that the digital and physical file have been compared and the digital data is as per the physical file an d no page is missing. Commissioner. Learnedcounselfor the petitionersubmitsthat similarorder

be passedin thesewritpetitionsas well. 2 Learnedcounselsfor respondentno.l/workmanhave no objeoUon o this matter being remanded back to Deputy Labour Commissioner for reconciliationoftheamountpayableby the petitionerto respondentno. . 3. In the facts and circumstancesof this case, the impugned recovery certificatesare set aside and the matters are remanded back to the Deputy Labour Commissioner for reconciliationof the amount payable by the petitionerto respondentno.l. The petitionershallfile the computationalong with supportingdocumentsincludingmusterrolls beforethe DeputyLabour Commissionerwithinaperiodof four weelts from today with advancecopy to respondent no.l who shall file his response thereto along with the documentsin supportthereofwithinaperiodofthree weeks thereafter. The Deputy LabourCommissionershall affordahearingto both the partiesand thereafter pass a reasoned order determiningthe amount payable by the petitionerto respondentno.l. The copyoftheordershall be fiirnishedto the petitioner as well as respondent no.l. The petitioner shall deposit the amount so determinedby respondentno.2 withinaperiodof four weeks of the date of receipt of the order failing which the Deputy Labom Commissionershallproceedto recoverthe same in accordancewith law. 4. The RegistrarGeneral is directedto releasethe amount depositedby the petitioner in each case along with interest thereon to respective respondentno.l/workman,subject to final determinationof the amount by DeputyLabourCommissioner. 5. The writ petitionsand the pendingapplicationsare disposedof in the above terms. 6. Needless to say that if the parties are not satisfied with the fresh determinationof the amount by Deputy Labour Commissioner,they would be at libertyto avail appropriatelegal remediesavailableto them.

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1. Copy ofthis orderbe given to counselfor the part^