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Yogendra Gupta v. State Of U.P. And Others - WRIT - C No. 8937 of 2007 [2007] RD-AH 2936 (21 February 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner and the learned standing counsel.  By consent of the parties the writ petition  is being finally disposed of.

By this writ petition  the petitioner has prayed for quashing the recovery certificate dated   29.12.2006 by which order was passed for recovery of compensation  of Rs.20,000/-  under Child Labour ( Prohibition and Regulation) Act, 1986.  Petitioner's case in the writ petition  is that the notice was sent  in the  name of Virendra Gupta and not in the name of the petitioner. He further submitted  that  the petitioner  never  received any notice hence he could not file reply.             Considering the submission of counsel for the petitioner  ends of justice will be served in permitting the petitioner to file a reply before the Deputy Labour Commissioner - respondent no. 4.  No useful purpose will be served in keeping the writ petition pending .

In view of above the petitioner is permitted to file reply before the Deputy Labour Commissioner - respondent No. 4 within two weeks  from today who shall consider and take appropriate decision with regard to allegation  against the petitioner.  The said decision shall be taken expeditiously preferably within a period of two months from the date of production of a certified copy of this order.  The petitioner shall submit certified copy of the order within two weeks from today.  Till decision is taken by the Deputy Labour Commissioner the  recovery certificate dated 29.12.2006 shall be kept in abeyance.

With the above observations the writ petition  is disposed of.




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