Court No. - 6 Case :- WRIT - C No. - 4169 of 2010 Petitioner :- Deep Narain Gupta Respondent :- Deputy Labour Commissioner And Others Petitioner Counsel :- Shyam Narain,Sudhanshu Narain Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
Heard learned counsel for the parties.
The petitioner has preferred this writ petition for quashing of the order dated
1.1.2010 whereby a sum of Rs. 20,000/- is sought to be recovered from it for
violation of provisions of Child Labour (Prohibition and Regulation) Act,
1986.
The petitioner was served with show cause notice dated 16.12.2008 on the
basis of some inspection carried out at its premises wherein a child labour was
found working. The petitioner has submitted a reply to the said show cause
notice on 2.7.2009 (Annexure No. 3 to the writ petition).
It is alleged that the impugned recovery has been initiated without considering
the reply of the petitioner and without apprising the petitioner of any order
passed in pursuance of the show cause notice.
In view of the fact that the petitioner’s 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. 1, 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 petitioner 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.1.
Order Date :- 1.2.2010
RMY