Allahabad High Court
M/S R.K. CONTRACTOR AND SUPPLIERversusSTATE OF UTTAR PRADESH AND 5 OTHERS
- Decided
Holding
The recovery certificate cannot be cancelled at this stage, but the petitioner may approach the Prescribed Authority or District Magistrate and may file an appeal before the Appellate Authority.
Summary
The petitioner, M/s R.K. Contractor and Supplier, challenged a recovery certificate issued under the Workmen's Compensation Act, 1923 after an award dated 27-03-2024 directed payment of Rs.10,91,216 to the deceased worker's mother and authorized the insurer to recover the amount from the petitioner-employer. The petitioner claimed ignorance of any recovery proceedings until a citation dated 30-08-2026 was served and sought cancellation of the recovery certificate. The Court held that the recovery certificate could not be cancelled at this stage but granted the petitioner liberty to approach the Prescribed Authority under the Act or the concerned District Magistrate for any orders that may affect the citation. The Court also directed that the petitioner may file an appeal before the Appellate Authority within 14 days, and the respondents would furnish relevant documents within three weeks if no legal impediment exists. The writ petition was consequently disposed of with these observations.
Issues considered
- What is the effect of the recovery certificate issued under the Workmen's Compensation Act, 1923 and can it be cancelled at the petitioner's request?
- Whether the petitioner-employer may approach the Prescribed Authority or District Magistrate to contest the recovery before the certificate is executed?
- Whether the petitioner is entitled to file an appeal before the Appellate Authority under the Act.
Legislation cited
- Workmen's Compensation Act, 1923 — s. 4A(3)(b)
Subjects
- Workmen's Compensation
- Recovery Certificate
- Award Enforcement
- Appeal
- Writ Petition
- Employer Liability
- Procedural Law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35957 of 2026
M/S R.K. Contractor And Supplier
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Govind Narayan Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard learned counsel for petitioner and learned Standing Counsel for
respondents.
2. An award dated 27.03.2024 was passed by Prescribed Authority under
Workmen Compensation Act,1923 whereby it was directed that
respondent-6 (mother of deceased) shall be paid an amount of Rs.
10,91,216/-. Said insurance company was granted liberty to recover said
amount from petitioner-employer. A further direction was passed that
notice u/s 4A(3)(b) of Act, 1923 be issued to petitioner-employer.
3. Learned counsel submits that petitioner is not aware about any
proceedings of recovery in terms of directions passed in order dated
27.03.2024 and he came to know about recovery when a recovery citation
dated 30.08.2026 was issued by Tehsildar, therefore, petitioner-employer
has approached this Court.
4. I have considered above submissions and found that recovery
certificate cannot be cancelled at this stage, however, petitioner-employer
is granted a liberty to approach either before Prescribed Authority under
the Act or before District Magistrate concerned who will provide the
orders, if any, passed before issuing recovery citation.
5. In case petitioner moves an application within 14 days from today,
concerned respondent will consider it and will provide relevant
documents within three weeks thereafter, if there is no legal impediment.
WRIC No. 35957 of 2026
2
6. So far as order passed in 27.03.2024 is concerned, the petitioner if so
advised can file an appeal before Appellate Authority, subject to legal
impediment.
7. Writ petition stands disposed of with above observations.
(Saurabh Shyam Shamshery,J.)
September 9, 2026
N. Sinha
Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad
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