Court No. - 7
Case :- WRIT - C No. - 38692 of 2018 Petitioner :- M/S Guruji Electronics And Electricals Respondent :- The State Of U.P. And 4 Others Counsel for Petitioner :- Kapoor Chandra Vishwakarma,Vijay Kumar Sharma Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. Learned counsel for the petitioner submits that the impugned order is an ex-parte order passed without service of any notice on the petitioner. Further, it is stated that the petitioner is engaged in a petty trade of electronics repair and he does not have means to satisfy demand of Rs. 36,750/-.
3. On merits, it has been submitted that the private respondent was never an employee of the petitioner and in fact, it has been submitted that the Act itself does not apply to the case of the petitioner, owing to the petty scale of the business of the petitioner.
4. Perusal of the order dated 26.03.2018 order though indicates that notices were issued, however, no satisfaction has been recorded as to the service of notice on the present petitioner, before passing that order.
5. In view of such facts, no useful purpose would be served in keeping the present petition pending. The present petition is disposed of with the following direction:
(i) The petitioner may file an application of the recall of the order dated 26.03.2018 within a period of two weeks from today, upon deposit of Rs. 15,000/- along with that application.
(ii) The amount so deposited may be maintained in the interest bearing term deposit with a Nationalized Bank that may abide by final disposal of the recall application.
(iii) If such recall application is filed, the same may be heard and decided on merits by the respondent no.2, as expeditiously as possible, necessarily within a period of two months from the date of its filing.
6. For a period of three months from today or till the disposal of the objection filed by the petitioner, whichever is earlier, the operation and effect of the order dated 26.03.2018 shall remain stayed.
Order Date :- 27.11.2018 Prakhar