Delhi High Court Calls For Sensitization Of Authorities About Directions For Execution Of Recovery Certificates, Status Report Sought

The Delhi High Court has called for sensitization of authorities about the directions issued by it in June this year to be followed by SDMs, District Magistrates, Recovery Officers and other Appropriate Authorities for execution of the Recovery Certificates.

Justice Pratibha M Singh directed that a virtual interactive session for the purpose of sensitization of the officers concerned shall be conducted by the end of December, 2021 apprising them of the directions.

"The concerned Labour Commissioner as also the Commissioner and other officials under the Employees' Compensation Act, 1923 shall also join the virtual interactive session," the Court added.

The High Court had in June this year issued slew of directions to be followed by SDM/Recovery Officer/Appropriate Authority for execution of the Recovery Certificates. It had also constituted a 6 member committee for implementation of the said directions.

Pursuant thereof, the Principal Secretary apprised the Court that the communications were addressed to the officers concerned. He further submitted that a meeting of the Implementation Committee was scheduled for 13th December, 2021 in order to set out the steps to be taken.

Accordingly, the Court directed that the Implementation Committee shall take a decision regarding the steps to be taken in consonance with the directions issued.

"The Implementation Committee shall also consider the earmarking of specific officials for the purpose of expeditious recovery of compensation in case of death of employees under the Employees' Compensation Act, 1923," it added.

The Court also directed that a status report shall be filed regarding the minutes of the meeting of the Implementation Committee and the virtual interactive session conducted with all the concerned officers.

The status report has been directed to be filed on or before 15th January, 2022.

The Court was dealing with a petition filed by a workman seeking implementation of an award passed by the Commissioner as no money was paid to him. The plea therefore sought directions on District Magistrate (South), GNCTD, as also the Recovery Officer to take steps for recovering the awarded amount.

A single judge bench comprising of now retired Justice JR Midha had in June issued the following directions:

- Upon receipt of the Recovery Certificate, the SDM/ Recovery Officer/Appropriate Authority shall list the matter in open Court within one week of the receipt of the Recovery Certificate.

- On the first date of hearing, the SDM/ Recovery Officer/Appropriate Authority shall issue notice to the respondent and direct the respondent to deposit the due amount within thirty days of the receipt of the notice with a further direction that if the amount is not deposited, the respondent shall file an affidavit of his assets on the date of cause of action, date of the award as well as on the date of the swearing of the affidavit in Form 16A of Appendix E of the Code of Civil Procedure within 30 days of the receipt of the notice.

- The SDM/ Recovery Officer/Appropriate Authority shall also direct the respondent that if the amount is not deposited within 30 days, the respondent shall file additional affidavit in terms of the formats of Annexure A1 / Annexure B1 attached to the judgment of Bhandari Engineers–II (supra) within thirty days of the receipt of notice.

- The SDM/Recovery Officer/Appropriate Authority shall issue the notice to the respondent. Where the respondent is Central Government/State Government/Municipal Corporation/PSU or State/Central Government Entity such as DJB/DDA etc., the notice shall be issued in Format – II.

- In pending execution cases, if the respondent has not already filed the affidavit of assets and income, the SDM/Recovery Officer/ Appropriate Authority shall directthe respondent to file the affidavits of his assets and income in terms of this judgment within 30 days of the receipt of the notice.

- In the event of failure of the respondent to deposit the amount due under the Recovery Certificate, the SDM/Recovery Officer/ Appropriate Authority shall recover the amount by attachment of the assets of the respondent.

- Before attaching a property, the SDM/Recovery Officer/ Appropriate Authority shall ensure that the property does not fall in the list of properties which are exempted from attachment/sale under the proviso to Section 60(1) of the Code of Civil Procedure.

- All proceedings before the SDM/Recovery Officer/Appropriate Authority shall be held in open Court. The daily cause list of the cases shall be displayed outside the Court Room as well as on the website.

- The orders passed by the SDM/Recovery Officer/Appropriate Authority shall be released on the website of the respective SDM/E-Courts portal within one week.

Case Title: NIYAZ MOHHAMAD @ MOHD. NIYAZ v. LABOUR COMMISSIONER & ORS.

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