The Allahabad High Court has sought a personal affidavit from the District Magistrate, Gautam Budh Nagar with an explanation as to why the cheque of the liability amount of another company was forcibly taken from the petitioner company, whereas the petitioner company has no relation with debtor company M/s Accurate Meters Limited.
A single-bench of Justice J.J Munir passed this order while hearing a petition filed by Accurate Institute Of Management And Technology.
It is submitted by the counsel for the petitioner that an award in an industrial dispute was passed against a certain Accurate Meters Ltd, District Gautam Budh Nagar.
However, in execution of the said award, the recovery has been made from the petitioner because contempt proceedings had been initiated against the District Magistrate, Suhas Lalinakere Yathiraj vide order dated 09.02.2022 passed in Contempt Application.
The District Magistrate was obliged to recover from the employer on the basis of the award passed in adjudication case by the Labour Court, Gautam Budh Nagar, who are M/s Accurate Meters Limited.
The contention of the counsel for the petitioner is that under the threat of contempt, the District Magistrate, Gautam Budh Nagar has proceeded to force the petitioner Accurate Institute of Management and Technology, Knowledge Park-III, Greater Noida, Gautam Budh Nagar represented by its authorized signatory Hari Om Sharma to pay the due under the award passed against M/s Accurate Meters Limited.
It is argued that Accurate Institute of Management and Technology has nothing to do with M/s Accurate Meters Limited, who are parties to the award passed by the Labour Court, Gautam Budh Nagar. The District Magistrate has caused the petitioner to tender by crossed cheque dated 02.04.2022 drawn in favour of the Tehsildar, Dadri, the sum of Rs 10,15,672 which the petitioner is not remotely obliged to pay.
It is submitted that the action of the District Magistrate, Gautam Budh Nagar, amounts to abuse of public office and malfeasance in office.
“Let the District Magistrate, Gautam Budh Nagar, show-cause by filing his personal affidavit why he has forced the petitioner to issue a cheque for a sum of Rs 10,15,672 in enforcement of an award passed against M/s Accurate Meters Limited, when the petitioner Accurate Institute of Management and Technology, has nothing to do with M/s Accurate Meters Limited. The affidavit shall be filed on or before 20.09.2022.
Till 20.09.2022, the District Magistrate, Gautam Budh Nagar, and the Tehsildar, Dadri, District Gautam Budh Nagar, are restrained from encashing Cheque bearing dated 02.04.2022 and shall retain the same in their safe custody.
Let the order be communicated to the District Magistrate, Gautam Budh Nagar, and the Tehsildar, Dadri, District Gautam Budh Nagar, through the District Magistrate, Gautam Budh Nagar, by the Registrar (Compliance) forthwith,” the Court ordered.
The Court has fixed the next hearing of the petition on September 20, 2022.