Madhya Pradesh High Court
Evengelical Lutheran Church In M.P. vs Durga Das on 17 August, 2015
WRIT PETITION No.4674/2015 1
17.08.2015
Shri Manoj Kumar Singh, learned Counsel for the
petitioner.
Heard on the question of admission.
Issue notices of this writ petition to the respondents
on payment of process fee within seven days by registered A.D. Notices be made returnable in four weeks. It is contended by learned Counsel for the petitioner that initially the claim was filed by the original claimants before the Labour Court against the ELC Jal Vikas Yojna, Betul. The petitioner Society is a registered Christian Society and its short name is also ELC but it has nothing to do with the Jal Vikas Yojna at Betul. Only because the award amount was not paid when the proceedings were drawn, the respondent No.1 and other claimants have unnecessarily impleaded the petitioner Society as a party in the said proceedings and without verifying these facts, the Labour Court has issued the Revenue Recovery Certificate, which is now being executed against the petitioner. The objection raised by the petitioner before the said authority has been negatived. That being so, it is contended that any recovery against the petitioner is per se illegal.
In view of the aforesaid, no recovery pursuant to the Revenue Recovery Certificate and the notice of demand issued on 21.04.2014, be made from the petitioner by the respondents till next consideration of this interim prayer.
WRIT PETITION No.4674/2015 2List in the week commencing 21st September, 2015.
Certified copy as per rules.
(K.K. Trivedi) Judge Skc