Allahabad High Court
MOHAMMAD MANWARUL HUQ AND 8 OTHERSversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The District Magistrate must act in accordance with the law and expedite the issuance of the recovery certificate as directed by the Prescribed Authority.
Summary
The petitioners, beneficiaries of an order dated 2 April 2026 issued by the Prescribed Authority under the Payment of Wages Act, 1936, sought enforcement of a recovery certificate that the Authority had directed the District Magistrate of Gautam Budh Nagar to issue on 30 June 2026. Despite the communication, no recovery certificate had been issued, prompting the petitioners to file a writ petition. The Court examined whether the District Magistrate was obligated to act on the Authority’s direction and considered the procedural requirements under the Act. It observed that the District Magistrate must comply with the law and expedite the recovery process as communicated. Consequently, the writ petition was disposed of with an order directing the District Magistrate to act in accordance with the law to expedite the recovery procedure.
Issues considered
- Whether the District Magistrate is bound to issue a recovery certificate as directed by the Prescribed Authority under the Payment of Wages Act, 1936
- Whether the delay in issuing the recovery certificate warrants judicial intervention
Legislation cited
Subjects
- Payment of Wages Act
- recovery certificate
- district magistrate
- writ petition
- procedural delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35877 of 2026
Mohammad Manwarul Huq And 8 Others
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sarwar Ali Siddique
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard learned counsel for petitioners and learned Standing Counsel for
State.
2. The petitioners are beneficiary of an order dated 02.04.2026 passed by
Prescribed Authority under Payment of Wages Act, 1936. Subsequently,
by a communication/letter dated 30.06.2026, Prescribed Authority has
asked District Magistrate, Gautam Budh Nagar to ensure proceedings of
recovery by issuing recovery certificate, however, according to learned
counsel for petitioners, till date no recovery citation is issued.
3. In aforesaid circumstances, this writ petition is disposed of with an
observation that District Magistrate, Gautam Budh Nagar will act in
accordance with law for expediting procedure for recovery as
communicated by aforesaid communication under the Act.
(Saurabh Shyam Shamshery,J.)
September 9, 2026
N. Sinha
Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad
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