High Court of Judicature at Allahabad
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Ram Bachan Prajapati v. State Of U.P. Thru' Secry. Labour And Others - WRIT - C No. 28998 of 2007  RD-AH 11939 (13 July 2007)
Hon'ble Arun Tandon, J.
Against the notice dated 13.12.2006 issued to the petitioner qua violation of provisions of Abolition of Child Labour Act, a reply was filed before the Deputy Labour commissioner on 07.4.2007 along with a notary affidavit. The explanation so furnished has not been considered by the Deputy Labour commissioner. Counsel for the petitioner therefore, submits that the impugned order is patently illegal.
I have heard counsel for the parties and gone through the records of the case.
From the order dated 12.2.2007 it is apparently clear that except for recording that a notice dated 13.12.2006 was served upon the petitioner no other relevant fact has been noticed namely as to whetherany reply was submitted by the petitioner or not and whether the reply was satisfactory or not. The order dated 12.2.2007 is a non-speaking and is hereby quashed. The Deputy Labour Commissioner is directed to reconsider the matter after taking into consideration the explanation filed by the petitioner dated 07.4.2007, preferably within six weeks from the date a certified copy of this order is filed before him.
Writ petition is allowed subject to the observations made herein above.
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