MS Backlight Factory v. Government of NCT of Delhi

1. The present petition has been filed by the petitioners, who are stated to be the legal heirs of deceased Late Sh. Sardar Dilbagh Singh (proprietor of M/s Backlight Factory), assailing the Recovery Notice dated 05.03.2026 passed by the Sub-Divisional Magistrate (Bawana) under Section 31 of the Employees’ Compensation Act, 1923.

2. The dispute arose on account of a claim made by the respondent NO. 3/workman, who was employed with the establishment of Late Sh. Sardar Dilbagh Singh. On 30.03.2017, while operating a machine without authorisation, the said workman’s right hand got caught in the machine, resulting in the amputation of two-thirds of his fingers. Thereafter, proceedings were initiated by the concerned workmen under the Employee’s Compensation Act, 1923. The same culminated in an Award dated 13.10.2021. The operative portion of the said Award, reads as under:

3. Admittedly, the said Award was not assailed by the petitioners by way of any legal proceedings. On the basis of the said Award, a recovery notice dated 05.03.2026 was issued by the SDM, Bawana under Section 31 of the Act. In the above background, the present petition has been filed by the petitioner assailing the same.

4. In these proceedings, this Court finds no basis to interfere with the aforesaid impugned Notice dated 05.03.2026. The said recovery notice has been validly issued on the basis of an award which has acquired finality. The amount is necessarily required to be recovered from the concerned employer.

5. In the circumstances, no merit is found in the present petition and the same is, accordingly, dismissed. Pending applications also stand disposed of.

6. It is made clear that the filing of the present petition shall not come in the way of the expeditious execution of the recovery notice dated 05.03.2026.

SACHIN DATTA, J MAY 26, 2026/at/sv