-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.611 of 2008 1. Shri Rajnikant Veerchand Nagaria and others ..Petitioners vs. 1. Shri Shamlal M.Bharti and others ..Respondents Shri A.S.Rao for petitioner. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 29th January, 2008 29th January, 2008 29th January, 2008 P.C. P.C. P.C. 1. Mentioned. Not on board. 2. It is undisputed before me that the challenge to the Award passed by the Labour Court has failed in as much as the learned Single Judge of this Court has dismissed the petitioner’s writ petition bearing Writ Petition no. 7565 of 2006. The order was passed on 29th June, 2007. Thereafter the petitioner applied by filing Misc. Application in complaint (ULP) No.143 of 2005 and prayed that the execution and enforcement of the Award against him should be stayed pending challenge to the learned Single Judge’s judgment in Letters Patent Appeal. That application has been rejected on 28th December, -2- 2007 and, therefore, the instant petition. 3. The grievance of Shri Rao is that coercive proceedings would be initiated now to recover the amount under the Recovery Certificate. He also apprehends that the complaint filed may proceed and there is likelihood of adverse order being passed. The Recovery Certificate is for an amount of Rs.2,88,000/- 4. In such circumstances, while dismissing this writ petition, it is directed that if the petitioner deposits in this Court a sum of Rs.2,00,000/- within four weeks from today, no coercive measures shall be initiated to recover the amount under the Recovery Certificate. If compliance is made, the concerned workman is at liberty to withdraw the said amount subject to order in the L.P.A. If the amount is not deposited this writ petition to stand dismissed and thereafter all coercive measures can follow. Petition dismissed. No costs. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)