Court No. - 6 Case :- WRIT - C No. - 983 of 2010 Petitioner :- Nidhi Glass Industries Respondent :- Labour Commissioner, Kanpur And Others Petitioner Counsel :- Rakesh Kumar Garg Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Supplementary affidavit filed today may be taken on record.
It is stated that the petitioner was not served with the show cause notice dated
03rd September, 1997 mentioned in the recovery certificate dated 03.10.2009.
Hence this writ petition.
In the facts and circumstances of the case, writ petition is disposed of
providing that the petitioner may submit reply to the show cause notice dated
03rd September, 1997 before the Deputy Labour Commissioner within two
weeks from today along with certified copy of this order. On such reply being
submitted, the Deputy Labour 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 shall thereafter
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
indicated above, 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/