Heard learned counsel for the petitioner and learned Standing Counsel for the State.
This writ application has been filed by the petitioner for the following reliefs :-
(i) to issue an appropriate direction to opposite party No. 1 to dispose of the recall application dated 13.05.2010 filed in M.W. Case No. 907/08, State of U.P. versus M/s Shakil Brick Field seeking recall of the orders dated 10.02.2009 and 31.03.2009 passed by the learned Prescribed Authority, Minimum Wages Act, 1948/Deputy Labour Commissioner, Faizabad Region, Faizabad expeditiously and so long it is pending, the recovery to the tune of Rs. 99,920/- may not be pressed against the petitioner.
(ii) to pass such other order as the merits of the case admit of and
(iii) award the cost of this petition.
Learned counsel for the petitioner submits that by impugned ex parte order dated 31.03.09, the petitioner has been directed to deposit an amount of Rs. 99,920/- and against that order a recall application dated 13th May, 2010 has been filed, which is pending before the competent authority, but during the pendency of that application recovery certificate dated 6.4.10, Annexure 2 to the writ petition, has been issued.
Learned counsel for the petitioner offers to deposit 50% of the amount of recovery with the request that the concerned authority be directed to dispose of the recall application within a definite time frame.
In view of aforesaid, the concerned authority (Prescribed Authority/Labour Commissioner, Faizabad) is directed to dispose of the recall application dated 13th May, 2010 within two months from the date of production of certified copy of this order before it. It is also directed that if the petitioner deposits 50% of the amount of recovery within two weeks from today with the concerned court, the recovery of the remaining amount shall remain stayed.
With the above observation this writ petition is disposed of finally.
Order Date :- 21.6.2010 Kan