Allahabad High Court
M/S Krishna Carpet Industrial Area And ... vs Deputy Labour Commissioner And Another on 1 February, 2010
Author: Pankaj Mithal
Bench: Pankaj Mithal
Court No. - 6 Case :- WRIT - C No. - 4517 of 2010 Petitioner :- M/S Krishna Carpet Industrial Area And Another Respondent :- Deputy Labour Commissioner And Another Petitioner Counsel :- Awadhesh Kumar Singh Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
Heard learned counsel for the parties.
The petitioners have preferred this writ petition for quashing of the recovery order dated 11.12.2009 whereby a sum of Rs. 20,000/- is sought to be recovered from him for violation of provisions of Child Labour (Prohibition and Regulation) Act, 1986.
The petitioners were served with show cause notice dated 24.8.2009 on the basis of some inspection carried out at their premises wherein a child labour was found working. The petitioners have submitted a reply to the said show cause notice on 3.9.2009 (Annexure No. 4 to the writ petition).
It is alleged that the impugned order has been passed without considering the reply of the petitioners.
In view of the fact that the petitioners' reply has not been considered , 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 a fresh 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 petitioners 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