IMPORTANT POINT
The court can issue a writ of mandamus only when there is a statutory duty and failure to discharge it.

ORDER

Chandra Dhari Singh, J. (Oral) - The petitioner vide the present petition under Article 226 of the Constitution of India, seeks the following reliefs:

"a. Issue an appropriate writ, order, or direction to Respondent No. 1 to recover in terms of Recovery Certificate No. ND/17/M-1614/2022-B-II dated 07.08.2023 arising from Award dated 01.04.2014 in I.D No. 105/2012;

b. Issue an appropriate writ, order, or direction to Respondent No.2 to implement the Award dated 01.04.2014 passed by the Industrial Adjudicator in I. D No.105/2012 which has been upheld by this Hon'ble Court and has attained finality;

c. Direct the Respondents to pay interest for the delayed payment at the rate of 9% p.a. from the date the said amount became due till the date of payment

d. Impose exemplary costs on the Respondents for delaying Recovery Proceedings;

e. Pass any such other or further order as this Hon'ble-Court may deem fit and appropriate in the facts and circumstances of the case in favour of the Petitioner."

2. The petitioner-workman was employed with the respondent no. 2, i.e., the Controller General of Patent and Design Trade Marks. The management terminated services of the petitioner without giving one month notice or pay in lieu thereof and retrenchment compensation.

3. Thereafter, an industrial dispute was raised by the petitioner and the claim was adjudicated in favour of the petitioner workman vide award dated 1st April, 2014 in I.D. No. 105/2012 by learned Presiding Officer Central Government Industrial Tribunal No. 1, Karkardooma Courts Complex, Delhi. As per the said award, the respondent management was directed to reinstate the petitioner and further held the petitioner to be entitled to 40% of his last drawn wages as back wages for the period of interregnum.

4. Pursuant to the said award, the Union of India challenged the same before a Coordinate Bench of this Court in writ petition bearing W. P (C) 3536/2015, wherein, the Coordinate Bench upheld the above said award and disposed of the said writ petition vide judgment dated 20th January, 2020. Subsequently, the order of the Coordinate Bench was challenged before the Division Bench of this Court in appeal bearing LPA No. 89/2020. Meanwhile, being aggrieved by the non-implementation of the award, the petitioner filed a contempt petition bearing Cont. Cas (C) No. 220/2020, and the same was disposed of in view of pendency of the above stated appeal. Subsequently, vide order dated 31st July, 2023 the above stated appeal was disposed of as not pressed.

5. In the meanwhile, the petitioner filed an application under Section 33C (1) of the Industrial Disputes Act, 1947. Thereafter, in the said application, a recovery certificate no. ND/17/M-1614/2022-B-II dated 7th August, 2023 was issued in terms of the award dated 1st April, 2014 in ID No. 105/2012 and the said recovery certificate was sent to the office of District Magistrate, directing to initiate recovery in terms of the awarded amount.

6. It has been stated by the petitioner that he had made several visits to the office of the respondent no. 1 for the execution of the recovery certificate. However, the respondent no. 1 failed to take steps in effectuating the said recovery certificate and being aggrieved by the same the petitioner has approached this Court seeking directions of recovery due in terms of the aforesaid recovery certificate arising from the award dated 1st April, 2014 and implementation of the same.

7. Learned counsel appearing on behalf of the petitioner submitted that the inaction on behalf of the respondents is arbitrary and the delay in executing the recovery certificate is without any cogent reason which is ultimately violating the petitioner's rights.

8. It is submitted that even after passing of the award dated 1st April, 2014 in ID No. 105/2012 in favour of the petitioner, he is being forced to run from pillar to post for implementation of the same, and as such he has not been granted the benefits that he is entitled to rec