It is stated that the petitioner has been served with the recovery order on 06 th October, 1999, which bears two dates i. e. 05.03.1999 and 03.10.2009. However, he submits that the alleged notice dated 03.09.1997 was never served upon the petitioner and therefore the imposition of penalty for employment of child labour is totally uncalled for. Heard learned counsel for the parties.
In the facts and circumstances of the case, the Court is of the considered opinion that interest of substantial justice would be served by providing as follows:
(a) The petitioner may submit reply to the notice dated 03.09.1997 within two weeks from today along with certified copy of this order.
(b) The reply so submitted by the petitioner may be considered and decided by means of a reasoned speaking order by the Deputy Labour Commissioner within four weeks from the date the reply is so submitted.
(c) For a period of six weeks no coercive action shall be taken against the petitioner in terms of the impugned recovery certificate and shall thereafter abide by the orders to be passed by the Deputy Labour Commissioner, as indicated above.
(d) In case no reply is submitted by the petitioner to the show cause notice, as above, he shall not be entitled to the benefits of this order and the authorities will be at liberty to proceed in accordance with law. With the aforesaid observation/direction the present writ petition is disposed of.
Order Date :- 19.1.2010 Pkb/