Court No. - 6 Case :- WRIT - C No. - 1639 of 2010 Petitioner :- Sanjeev Kumar Respondent :- State Of U.P. And Others Petitioner Counsel :- R.S. Gupta,O.N. Mishra Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
It is stated that in response to the notice issued qua
imposition of penalty for engagement of child labour, the
petitioner submitted his reply on 19.08.2009 and disputed his
liability.
Without consideration of the reply so submitted, impugned
recovery certificate dated 12.10.2009 and consequential
citation dated 06.01.2010 by the Tehsildar, has been issued.
Hence this petition.
In the opinion of the court, interest of substantial justice would
be served by providing that the explanation furnished by the
petitioner dated 19.08.2009 be considered by the Deputy
Labour Commissioner, Bareilly Region, Bareilly, within four
weeks from the date a certified copy of this order is filed
before the Deputy Labour Commissioner. The petitioner
undertakes to file a certified copy of this order within two
weeks from today.
For a period of six weeks, no coercive action shall be taken in
terms of the recovery certificate dated 12.10.2009 and
recovery citation dated 06.01.2010 and shall thereafter abide
by the orders to be passed by the Deputy Labour
Commissioner, as indicated above.
Writ petition is disposed of.
Dated : 13.01.2010
VR/WP-1639/2010