Tripura High Court
Unknown vs Noting By Officer Serial Date Office ... on 2 February, 2018
Author: S.Talapatra
Bench: S.Talapatra
Noting by Officer Serial Date Office notes, reports, orders or proceedings
or Advocate No. With signature
WP(C) 113 of 2018
BEFORE
THE HON'BLE MR. JUSTICE S.TALAPATRA
02.02.2018
Heard Mr. R. Datta, learned counsel appearing for the petitioner.
Issue notice calling upon the respondents to show cause as to why
a rule shall not be issued, as prayed for; and/or why such further and other order(s) shall not be passed as to this Court may deem fit and proper.
Notice is made returnable on 13.03.2018. The petitioner shall take steps for service of notice upon the respondents by registered post with AD within a week from today. It appears that by the circular dated 17.08.2016, the FCI has observed as under:
"It is further stated that the instant award has become implementable as per the provisions of ID Act. The reference has been answered in favour of FCI and thus the circular No. 18 of 2005 is applicable w.e.f. 01.12.2005 in its letter and spirit. It is, therefore, requested that the calculation of incentive be done strictly in terms of circular no. 18 of 2005 with immediate effect and an action plan may be made as per the age."
Subsequently, the order for recovery on the same date was passed. The petitioner had approached this court contending that the amount that has been already disbursed to the workmen shall not be recovered.
In view of the nature of the controversy, this court is of the view that till the next date no excess amount shall be realised from the petitioner.
JUDGE Saikat