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2004 Supreme(Bom) 1625

S.C.DHARMADHIKARI, A.P.SHAH
SATISH ARJUN SURVE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates Appeared:
For the Appellant : P.M. Patel
For the Respondent: Madhubala Kajle, A.G.P. and N.G. Menon

JUDGMENT :

S.C. Dharmadhikari, J.—Rule, Returnable forthwith by consent. Service on respondent No. 7 dispensed with. Union of India served.

2. Petitioners pray for direction to the State Government, Collector Mumbai as well as Registrar, Industrial Court to take appropriate steps to recover amounts under Recovery Certificates issued in their favour.

3. The Recovery Certificates are issued u/s 33-C(l) of the Industrial Disputes Act, 1947 which reads as under:

    "33-C(l): Where any money is due to a workman from an employer under a settlement or an award or under the provisions of Chapter V-A or Chapter V-B, the workman himself or any other person; authorised by him in writing in this behalf, or, in the case of the death of the workman, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate Government; for the recovery of the money due to him and if the appropriate Government is satisfied that any money is so due, it shall issue certificate for that amount to the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue".

4. A perusal of this provision indicates that it contemplates recovery o

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