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Rakesh Tyagi v. State Of U.P. And Others - WRIT - C No. 9464 of 2007 [2007] RD-AH 3310 (27 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 this writ petition  the  petitioner has prayed for quashing the recovery citation dated 26.1.2006 and the recovery  certificate dated  28.9.2006.  By the  recovery certificate dated 28.9.20006 the Deputy Labour Commissioner  has directed for recovery of Rs.60,000/- as realisation of compensation under the  Child Labour ( Prohibition and Regulation) Act, 1986.  The petitioner was given a notice  dated 7.4.2006 but he could not file any objection.  Petitioner's case in the writ petition  is that he suffered  injury due  to which he could not file objection.  Learned counsel for the petitioner has prayed that the last opportunity of two weeks be allowed to submit his objection failing which the petitioner shall suffer irreparable loss.  

Considering the facts  of the  present case  ends of justice be served in directing the petitioner to file objection before the Deputy Labour Commissioner within two weeks from today.  The Deputy Labour Commissioner  shall pass  afresh order considering  the objection of the petitioner and further actions shall be taken  in accordance with the order so passed by the Deputy Labour Commissioner.  The Deputy Labour Commissioner shall take decision within a period of two months from the date of filing  of the objection. It is made clear that this Court is not expressing any opinion on the merits of the case and it is for the Deputy Labour Commissioner to consider all aspects of the  matter and   objection of the petitioner and take decision in accordance with law.

Till the decision is taken by the Deputy Labour Commissioner  the  recovery citation dated 26.12.2006 shall be kept in abeyance. It is made clear that in the event the petitioner does not file objection within two weeks, the respondent  shall proceed  for the recovery.

The writ petition  is disposed of with the above directions.

Let a certified copy of this order be supplied to counsel for the petitioner within twenty four hours on payment of usual charges.





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