Court No. - 22 Case :- MISC. SINGLE No. - 3919 of 2010 Petitioner :- M/S Coffee Cafe Day, Lucknow Thru Managing Director & Ors. Respondent :- Prescribed Authority Under The Minimum Wages Act/D.L.C. & Or Petitioner Counsel :- Birendra Prasad Singh Respondent Counsel :- C.S.C. Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the petitioners and learned Standing Counsel.
Submission of learned counsel for the petitioners is that against the impugned
order dated 26.9.2009, which is an ex-parte order, a recall application has
been moved by the petitioners on 4th May, 2010. On the said recall
application various dates have been fixed but the application has not been
decided. He submits that unless and until the recall application is decided,
recovery against the petitioners cannot be made and in any case if recovery is
allowed to proceed, then the recall application will become infructuous.
In these circumstances, recovery proceedings are stayed up to the period the
recall application preferred by the petitioners is disposed of by the Prescribed
Authority.
With the aforesaid direction, the writ petition is finally disposed of.
Order Date :- 14.7.2010
RBS/-