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Saurabh   23 April 2024

Labour commissioner office (central), dwarka, delhi is not issuing recovery certificate

Dear Sir/Madam,

I am a contractual employee had won my gratuity case form Labour Commissioner Office (Central), Dwarka, Delhi. 

Company went into appeal at same office but appeal is dismissed by Labour office.

I filed an application for recovery certificate after 45 days followed by two show cause notices issued by Labour Commissioner office.

but Labour office did not issued me certificate. In the meantime company approached to Delhi High Court, and told their that we are ready to deposit security money so please direct the Appellate Authority to give us chance to go in Appeal.  Hon'ble Hight Court of Delhi ordered the same.


Now from that 5.5 months have passed neither company came in appeal nor labour office issued me recovery certificate on my applications to issue certificates. Also, they (labour office) are telling we cant do anything. when company will file appeal then we will do anything. sorry u can go now


Query: Sir/Madam please advice now what i do....Company is playing tactics and not appealing as they have received direction from Hon'ble High Court and Labour office is not doing anything now.


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     23 April 2024

Your concern is not about the company preferring an appeal but it is about recovering your dues.

If the labor office is not providing you the receovery certificate you can take legal action against the labor office by filing a writ petition against them before the high court.

You don't have any reasons to wait for the company to take any action neither you can give undefined time period to the labor office to provide the desired certificate 

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     23 April 2024

Yes.  When the company is delaying your matter, you shall approach HC with a WP.

1 Like

Dr. J C Vashista (Advocate )     24 April 2024

If you feel to seek some advise, may contact us with relevant case file.

1 Like

Real Soul.... (LEGAL)     24 April 2024

just file a writ petition that  will solve your problem

Sudhir Kumar, Advocate (Advocate)     29 April 2024

Originally posted by : Dr. J C Vashista

If you feel to seek some advise, may contact us with relevant case file.



Dr Vashista has liberty to call me if you meet him.

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