SWAROOPSINH ARJUNSINH PARMARversusTHE DISTRICT COLLECTOR

     C/SCA/14951/2025                                JUDGMENT DATED: 05/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 14951 of 2025


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
==============================================================

             Approved for Reporting                 Yes          No

==============================================================
                        SWAROOPSINH ARJUNSINH PARMAR
                                      Versus
                         THE DISTRICT COLLECTOR & ORS.
==============================================================
Appearance:
MR UT MISHRA(3605) for the Petitioner(s) No. 1
MS SWEETY SAMARA AGP for the Respondent(s) No. 1
MR DIPAK R DAVE(1232) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 4
NOTICE THROUGH SPEED POST NOT RECEIVED BACK for the
Respondent(s) No. 3
=============================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                                Date : 05/03/2026

                                  JUDGMENT


1.       RULE returnable forthwith. Learned counsels for the
respondents waives service of notice of rule on behalf of the
respective respondents. With the consent of the learned counsels
for the respective parties, the present petition is taken up for
 nal hearing today.


2.       Present petition is led by the petitioner under Articles 226
and 227 of the Constitution of India read with the provision of
section 33(c)(1) of the Industrial Disputes Act, 1947 seeking


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     C/SCA/14951/2025                                   JUDGMENT DATED: 05/03/2026




following reliefs:

         “(A) That Your Lordships be pleased to issue an order,
         direction and/or writ in the nature of mandamus and/or any
         other appropriate writ, order or direction, directing the
         District Collector, respondent no.1 to immediately execute
         the Recovery Certi&cate dated 2-1-2025 and be pleased to
         direct the District Collector to deposit the said amount
         before the Labour Court, Nadiad;

         (B) That Your Lordships be pleased to direct the Labour
         Court, to disburse the amount by account payee cheque in
         the name of the petitioner after proper veri&cation;

         (C) Any other and such further relief as the Hon’ble court
         deems &t and proper in the interest of justice;”


3.       Brief facts giving rise to the present petition are that, the
petitioner was working under the Contractor - Design Private Ltd.
in the Thermal Power Station of Gujarat State Electricity
Corporation Ltd. against whom there is no order passed by
Labour Court, but according to the provisions of Section.21 of the
Contract Labour (Regulation & Abolition) Act, if contractor fails to
pay the wages then it is the duty of the principal employer and
therefore, Gujarat State Electricity Corporation Ltd. is joined as
party respondent no.2 to this petition. That, the petitioner had
approached Labour Court, Nadiad by ling Recovery Application
u/s     33(c)(2)        of   the   I.D.Act,    being   Recovery       Application
No.59/2021 in Reference (LCN) No. 15/2014, which came to be
allowed by the Labour Court and the respondent management
was directed to pay a sum of Rs.2,99,624/- to the petitioner.
That, as the order passed by Labour Court in Recovery
Application No.59/2021 was not complied with, the petitioner


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     C/SCA/14951/2025                         JUDGMENT DATED: 05/03/2026




again led Recovery Application u/s.33(c)(1) of the I.D.Act. being
Recovery Application No.69/2023 which came to be allowed vide
order dated 27.09.2024. Thereafter, the Labour Court had issued
Recovery Certi cate dated 02.01.2025. That, despite receiving
two representations from the petitioner, the District Collector
had till date not taken any e:ective steps to execute the
Recovery Certi cate dated 02.01.2025 passed by the Labour
Court. Being aggrieved by the same, the petitioner has led the
present petition.


4.       Heard Mr. UT Mishra, learned counsel for the petitioner and
Ms. Sweety Samara, learned counsel for respondent No.1, Mr.
Dipak Dave, learned counsel for respondent No. 2. Perused the
materials available on record.


5.       Having heard leamed counsel for the respective parties and
considered the submissions made by both the sides, it appears
that it is the contention on the part of the petitioner that the
workman was working under the Contractor and no order was
passed against the principal employer-Gujarat State Electricity
Corporation Ltd and as per Section 21 of the Contract Labour
(Regulation and Abolition) Act, if contractor fails to pay the
wages then it is the duty of the principal employer to pay the
same. It is also appears that the petitioner approached Labour
Court by ling Recovery Application under Secton 33(c)(1) of the
Industrial Disputes Act, which was allowed and directed the
respondent - management to pay the amount and though the
order passed by the Labour Court in Recovery Application, the
order was not complied with and thus, the petitioner again led
Recovery Application, which was allowed and thereafter, the

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     C/SCA/14951/2025                        JUDGMENT DATED: 05/03/2026




Labour Court issued recovery certi cate. It is further contended
that the petitioner made representation before the District
Collector to execute the recovery certi cate, but the District
Collector has not taken any steps to recover the amount and,
therefore, the petitioner made another representation, however,
till date, the District Collector has not taken any steps to execute
the recovery certi cate and not recovered the amount as per the
recovery certi cate. That respondent No.2 is the principal
employer, the amount of recovery is to be satis ed by
respondent-District Collector and it is open for respondent-
District Collector to recover the said amount from respondents
No.3 and 4 as security and other payment is with respondent-
District Collector and, therefore, from the said amount, amount
of recovery as directed by the Labour Court be paid to the
workman.

6.       In view of the above, it is open for respondent-District
Collector to recover the said amount from respondents No.3 and
4. In case security and other deposits of respondent Nos.3 and 4
are pending with respondent No.2, it is open for the respondent
No.2 to deposit the said amount with the respondent-District
Collector. From the said amount of recovery, an amount as
directed by the Labour Court shall be paid to the concerned
workman, which shall be deposited before the Labour Court,
Nadiad after proper veri cation of the identity and bank details
through RTGS / NEFT. After verifying the bank details of the
workman, the amount shall be disbursed in favour of the
workman. It is further clari ed that the said amount if paid by
respondent-Gujarat State Electricity Corporation Ltd on behalf of
respondents No.3 and 4, from the dues which are with


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      C/SCA/14951/2025                                                   JUDGMENT DATED: 05/03/2026




 respondent-GSECL, the respondent No.2 shall be indemni ed for
 the said payment.

 7.        With the aforesaid conclusion, the petition is partly allowed.
 Rule is made absolute to the aforesaid extent.



                                                               (HEMANT M. PRACHCHHAK,J)
 ANUSRI


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 13/03/2026 17:15:50




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