Court No. - 6 Case :- WRIT - C No. - 3973 of 2010 Petitioner :- Mukesh Kumar And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Manish Chandra Tiwari,Ajay Kumar Pathak Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
Heard learned counsel for the parties.
The petitioners have preferred this writ petition for quashing of the recovery
certificate dated 29.9.2008 whereby a sum of Rs. 20,000/- plus collection
charges are sought to be recovered from him for violation of provisions of
Child Labour (Prohibition and Regulation) Act, 1986.
The petitioners were served with show cause notice on the basis of some
inspection carried out at their premises wherein a child labour was found
working. The petitioners have submitted a reply to the said show cause notice
on 18.11.2007 (Annexure No. 3 to the writ petition).
It is alleged that the impugned recovery has been initiated without considering
the reply of the petitioners and without apprising the petitioners of any order
passed in pursuance of the show cause notice.
In view of the fact that the petitioners’ reply has not been considered and there
is no final order, the writ petition is disposed of with the consent of the parties
with the direction to the respondent no. 2, Deputy Labour Commissioner to
pass final order in accordance with law within a period of six weeks from the
date of the production of the certified copy of this order after considering the
reply of the petitioners to the show cause notice.
Till fresh order is passed as directed above, the impugned recovery shall
remain in abeyance and would abide by the final order so passed by the
respondent no.2.
Petition disposed of accordingly.
Order Date :- 1.2.2010
RMY