Court No. - 6 Case :- WRIT - C No. - 604 of 2010 Petitioner :- Mohd. Shaheed (Actual Name Mohd. Shareef) Respondent :- State Of U.P. And Others Petitioner Counsel :- A.K. Malviya Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Counsel for the petitioner submits that the recovery proceedings for
employment of Child Labour has been initiated against the petitioner without
service of the alleged notice dated 02nd June, 1999. He, therefore, submits that
the impugned order of recovery is liable to be set aside.
Having heard counsel for the parties and having gone through the records, I
am of the considered opinion that the interest of justice would be served by
providing as follows:
The petitioner may submit reply to the notice dated 02nd June, 1999 within
two weeks from today along with certified copy of this order before the
Deputy Labour Commissioner concerned. On such reply being submitted, the
Commissioner shall consider and decide the same by means of a reasoned
speaking order, preferably within four weeks thereafter.
For a period of six weeks no coercive action shall be taken against the
petitioner in terms of the impugned recovery certificate and thereafter it shall
abide by the orders to be passed by the Deputy Labour Commissioner, as
indicated above.
In case no reply is submitted by the petitioner to the show cause notice as
aforesaid, he shall not be entitled to the benefits of this order and the
authorities will be at liberty to proceed in accordance with law.
With the aforesaid observation/direction the present writ petition is disposed
of.
Order Date :- 13.1.2010
Pkb/