Gujarat High Court
Kheteshwar Hotel vs Collector on 11 March, 2024
NEUTRAL CITATION
C/SCA/3542/2024 ORDER DATED: 11/03/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3542 of 2024
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KHETESHWAR HOTEL
Versus
COLLECTOR & ORS.
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Appearance:
MR DIPAK R DAVE(1232) for the Petitioner(s) No. 1
MR HEM R DAVE(11961) for the Petitioner(s) No. 1
MS SURBHI BHATI AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date: 11/03/2024
ORAL ORDER
1. Proprietor concern has filed this petition challenging the order dated 04.03.2022, wherein the application of the petitioner seeking cancellation of recovery certificate creating lien over the property of the petitioner has been rejected.
2. Facts in brief referred in the petition are as under:
2.1. Respondent No.3 - workman filed Non-Fatal Application No. 3 of 2011, seeking compensation before Employees Compensation Commissioner for the accident occurred.
Admittedly, respondent No.3 was working with Sankalp Dyeing and Printing Mills. In the Non-Fatal Application No.3 of 2011 by the workman, the address of the employer was shown as "Sankalp Dyeing and Printing Mills, Plot No. 252, Road No.2, Page 1 of 4 Downloaded on : Wed Mar 13 20:41:20 IST 2024 NEUTRAL CITATION C/SCA/3542/2024 ORDER DATED: 11/03/2024 undefined G.I.D.C., Sachin, Surat".
2.2. It is case of the petitioner that factually and undisputedly, the address of Sankalp Dyeing and Printing Mills is Plot No.268, Road No.2, G.I.D.C. Sachin, Surat and not Plot No.252 as referred in the cause title. On account of the erroneous mentioning of the plot number, the order dated 19.12.2015 granting compensation of Rs.3,04,978/-, was passed against Sankalp Dyeing and Printing Mills, Plot No.252 as referred in the cause title. Since the order dated 19.02.2015 was ex-parte, Sankalp Dying and Printing moved an application No.4 of 2017 seeking restoration. The said application was allowed by an order dated 04.05.2018, directing the applicant (Sankalp Dying) to deposit the amount of Rs.3,04,978/-. One more Misc. Application No 15 of 2018, was preferred by Sankalp dying and printing seeking review of the order dated 04.05.2017, with a prayer to quash the direction of pre-deposit of the amount. Since Sankalp Dyeing and Printing Mills could not make the deposit as directed, application seeking recovery was filed by respondent - workman and the same was allowed wherein on account of wrong mentioning of plot number, lien is created on the property of the petitioner, for which, the petitioner moved an application seeking rectification / review of the order which has been rejected by an order dated 04.03.2022, aggrieved by which present petition is filed.
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3. Heard Mr. Dipak Dave, learned advocate for the petitioner and Ms. Surbhi Bhati, learned Asst. Government Pleader for the respondent - State.
4. Mr. Dave, learned advocate for the petitioner submitted that admittedly on account of typographical error in mentioning of the plot number, the petitioner may not be fastened with the liability as the workman admittedly, was not working with him. More so, the workman moved an application before the Labour Court, Surat, which is at Exh.32 clarifying the above position. However, no correction has been made in the Non-Fatal Application No.3 of 2011. He, therefore, submitted that accordingly, directions may be issued to the respondent No.1 to cancel the lien created on the property of the petitioner.
5. Ms. Bhati, learned Asst. Government Pleader on the instructions of Mr. Pankaj Babulal Modi, Mamlatdar, Surat city submitted that on account of the wrong plot number mentioned by the workman, the mistake has arisen. She could not dispute the fact that Sankalp Dyeing and Printing Mills is situated at plot No.268 and not at plot No.252.
6. Considering the submissions and the fact that respondent No.3 workman was working with "Sankalp Dyeing and Printing Mills situated at plot No.268, Road No.2, G.I.D.C., Page 3 of 4 Downloaded on : Wed Mar 13 20:41:20 IST 2024 NEUTRAL CITATION C/SCA/3542/2024 ORDER DATED: 11/03/2024 undefined Sachin, Surat" and not with petitioner namely, Kheteshwar Hotel situated at plot No.252, the order dated 04.03.2022 rejecting the application of the petitioner is quashed and set aside. Since the award in Non-fatal Application No.03 of 2011, has been passed in favour of respondent No.3 workman, directing the Sankalp Dyeing and Printing Mills, is to deposit the amount of Rs.3,04,978/-, it is open for the Collector to initiate action for recovery of amount against Sankalp Dyeing and Printing Mills, Plot No.268, where the respondent No.3 was working. In other words, the lien created against petitioner is directed to be cancelled and it is open for the Collector to create a fresh lien on the property belonging to Sankalp Dyeing and Printing Mills, Plot No.268, Road No.2, G.I.D.C., Sachin, Surat.
7. It is made clear that this Court has not gone into the merits of the matter particularly, in relation to compensation awarded by the Labour Court and it is open for the Collector to initiate immediate action for recovering the amount as directed by the Labour Court.
8. With the above, the petition is disposed of.
(MAUNA M. BHATT,J) NAIR SMITA V. Page 4 of 4 Downloaded on : Wed Mar 13 20:41:20 IST 2024