Court No. - 2
Case :- WRIT - C No. - 11320 of 2018 Petitioner :- M/S Modi Paint And Varnish Works (A Unit Of Modi Industries Limited ) Respondent :- State Of U.P. And 4 Ors.
Counsel for Petitioner :- Shakti Swarup Nigam Counsel for Respondent :- C.S.C.,Ghazala Bano Quadri
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Shakti Swarup Nigam for the petitioner , Standing Counsel for State and Mrs. Ghazala Bano Quadri for respondent-3.
The writ petition has been filed for issue of mandamus directing Deputy Labour Commissioner to decide the restoration application of the petitioner dated 27.2.2018 and also directing the Tehsildar , respondent-5 not to proceed in the recovery certificate dated 26.2.2018 till disposal of the restoration application.
It has been stated that the petitioner has closed its unit at Modi Nagar, Ghaziabad on 2.11.2016. The labourer through respondent-3 filed an application for claiming their wages for a period of December, 2016 to October, 2017. This application has been allowed within a short period of time without providing opportunity of hearing to the petitioner. The petitioner has filed an application for recall of the order dated 10.2.2018. In the recall application 11.4.2018 has been fixed. However, since recovery certificate has already been issued as such Tehsildar has proceeded with the recovery.
In the facts of the case, the writ petition is disposed of with direction to Deputy Labour Commissioner to pass an appropriate order on the recall application either on the next date fixed in the case or if for any reason the case is adjourned on that date then within a period of one month thereafter.
Till disposal of recall application or for a period of six weeks , whichever is earlier, recovery proceeding shall be kept in abeyance.
Order Date :- 28.3.2018 Rahul /-