1 wp7015.07 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.7015 OF 2007 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and the Registrar's orders. Court's or Judge's orders Coram: Smt. Nishita Mhatre, & Shri M. T. Joshi, JJ. Date : 7th July, 2011 None for the petitioner. Shri V.B. Ghatge, A.G.P. for Respondent No. 2. --------- 1. Nobody appeared for the petitioner, though the matter was called out both, in the morning session, as well as in the afternoon session. 2. The petition has been filed for a mandamus against the respondents to recover the amount of compensation payable to the petitioner, together with interest, in accordance with the recovery certificate issued in his favour by the Commissioner for Workmen's Compensation. 2 wp7015.07 3. The petitioner was injured in an accident arising out of and in the course of employment. He, therefore, filed an application before the Commissioner for Workmen's Compensation, being Application (WC) No. 25/2000. That application was decided on 5.4.2005. An amount of ` 85,675.20 ps. with 12 per cent interest and penalty of 50 per cent of the awarded amount was found due and payable to the petitioner. A recovery certificate was issued by the Commissioner, directing the Collector to recover the amount as arrears of land revenue as provided under the Workmen's Compensation Act. As no recovery was made for over two years, the petitioner preferred the present writ petition. 4. An affidavit has been filed by the State, indicating that since the official liquidator has been appointed in respect of Respondent No.1, 3 wp7015.07 the dues of the petitioner can be paid from the funds available with the liquidator, only when the petitioner lodges his claim with the liquidator. According to the State, no funds are available with the Official Liquidator at present and, therefore, the petitioner's claim cannot be granted. 5. The Official Liquidator has been appointed during the pendency of the application of the petitioner for compensation filed before the Commissioner. It appears, however, that after the order was passed by the Commissioner, the petitioner was sent from pillar to post by the State authorities, rather than recovering the amount payable to him. In these circumstances, the petitioner has not received compensation for several years. 4 wp7015.07 6. However, we direct the petitioner to lodge his claim with the Official Liquidator, immediately, so that when the funds are available on the sale of the remaining property of Respondent No.1, the petitioner can be paid his dues, in accordance with the law. While considering the payment of dues to the petitioner, the Official Liquidator will also bear in mind the provisions of the Maharashtra Cooperative Societies Act. 7. Petition is disposed of, accordingly. (M.T. JOSHI) (SMT. NISHITA MHATRE, J.) pnd/wp7015.07