1. Heard the learned counsel for the petitioner and the learned Standing counsel who appears for the Opposite party nos.1, 2 & 3.
2. In view of the order proposed to be passed, issuance of notice to the Opposite party nos.4 and 5 is dispensed with.
3. This petition has been filed by the petitioner for the following main prayer:-
"1) To issue a writ, order or direction in the nature of Mandamus commanding to direct the Opposite party no.3 to recover the award sum of Rs.4,53,654/- granted by the Opposite party no.2 by way of the order dated 31.03.2023, contained in Annexure No.2 to this petition."
4. It is the case of the petitioner that the Prescribed Authority under the Payment of Wages Act, Claim no.44 of 2022 "Munnalal Vs. Malik / Manager/ Director M/s Samia International Builders Private Limited Zonal Office, Lucknow" has directed for payment of Rs.4,53,654/-. A Recovery Certificate has also been issued by the Opposite party no.2 to the District Magistrate on 16.06.2023, a copy of which has been filed as Annexure to the petition. Yet the amount in question has not been recovered from the Opposite party nos.4 & 5. The petitioner is suffering from extreme financial hardships.
5. The counsel for the State-respondents on the basis of instructions says that the Recovery Certificate was received on 08.09.2023 and in pursuance thereof the proceedings for recovery are being undertaken.
6. This writ petition is finally disposed of with a direction to the Opposite party no.3 i.e. District Magistrate/ Collector, District Lucknow, to execute the Recovery Certificate issued by the Opposite party no.2- Deputy Labor Commissioner, U.P., Lucknow, at the earliest say within a period of three months from the date a certified copy of this order is produced before him, if there is no other legal impediment.
