Heard learned counsel for the petitioner and the learned Standing Counsel for opposite parties no. 1, 2, 4 and 5.
By means of this writ petition, citation of recovery of Rs. 1,40,600/- has been challenged on the ground that the order dated 31.3.2009 (Annexure 1 to the writ petition) of the Prescribed Authority under the Minimum Wages Act, on the basis of which the impugned citation has been issued, is an exparte order as no notice of the proceeding was served upon the petitioner and he never refused to take the same and as soon as he came to know about the citation of the recovery, he moved an application for recall of the order and his recall application (Annexure 6 to the writ petition) is pending before the concerned prescribed authority and before deciding the application, the citation has been issued.
It has been pointed out that during alleged proceedings before the Prescribed Authority, the statement of the Enforcement Officer was recorded on a printed proforma after filling the gaps as is evident from the copy of the statement (Annexure 4 to the writ petition) which is against the procedure of hearing a case.
In view of the aforesaid circumstances, the Prescribed Authority/Deputy Labour Commissioner, Faizabad, is directed to dispose of recall/restoration application within one month from the date a certified copy of this order is produced before him. Till the final disposal of the said application, the execution of the recovery citation (Annexure 2 to the writ petition) shall remain stayed.
With the above observation, the writ petition is finally disposed of.
Order Date :- 23.6.2010 Rizvi