Court No. - 42
Case :- WRIT - C No. - 15358 of 2021 Petitioner :- Mohd. Azam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Singh,Hari Shanker Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed with following prayer:-
"(i) Issue a writ, order or direction in the nature of certiorari to quash the order dated 17.5.2021 passed by respondent no. 2 (filed as annexure no. 1 to this writ petition).
(ii) Issue a writ order or direction in the nature of mandamus directing to the Collector Bhadohi for recovery of Rs. 2,80,000/- in the engagement of 14 Child Labour from M/s Kaleen Bunai Kendra, Ward no. 8 Nai Bazar, Bhadohi."
It is submitted that the recovery certificate has been issued without calling for any explanation from the petitioner and it is further submitted that the petitioner has not engaged any child labour and has not done anything in violation of the provisions of Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.
Per contra, learned Standing Counsel drawing attention to the instructions submitted that the notice was not taken by the petitioner and the show- cause notice was also sent by the registered post and therefore, enough opportunity was afforded to the petitioner.
In the facts and circumstances of the case, it is provided that one opportunity is granted to the petitioner to submit his explanation before the respondent no. 2, Additional Labour Commissioner, Mirzapur Mandal, Sonbhadra. Therefore, the petitioner is directed to submit his explanation before respondent no. 2, Additional Labour Commissioner, Mirzapur Mandal, Sonbhadra within a period of 10 days from today along with self- attested copy of this order, which may be verified from the official website of this Court. In case, any such explanation is filed before the respondent no. 2 within a period of 10 days from today, the same shall be considered and decided by the respondent no. 2 preferably within a period of one month on its own merits strictly in accordance with law.
The order and the recovery proceedings impugned herein shall be subject to orders that may be passed by the authority concerned.
For a period of six weeks or till the decision of the respondent no. 2, whichever is earlier, no coercive action shall be taken against the petitioner.
It is made clear that in case, the explanation is not filed within the time granted to the petitioner, the authority concerned will be at liberty to proceed against the petitioner.
It is made clear that this Court has not considered the claim of the petitioner on merits.
With the aforesaid observations/ directions, present petition stands disposed of.
Order Date :- 12.8.2021 Aditya