Abdul Aziz and 2 Others Vs Payment of Wages Authority/Assistant Labour Commissioner Circular Road, Muzaffar Nagar and Another

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Court No. - 36 Case :- WRIT - C No. - 24531 of 2018 Petitioner :- Abdul Aziz And 2 Others Respondent :- Payment Of Wages Authority/Assistant Labour Commissioner Circular Road, Muzaffar Nagar And Another Counsel for Petitioner :- Suresh Chandra Shukla Counsel for Respondent :- C.S.C. Hon'ble Yashwant Varma,J.

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Heard learned counsel for the petitioners and the learned Standing Counsel. Bearing in mind the order which this Court proposes to pass notice need not issue to the second respondent.

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The petitioner is aggrieved by an order dated 16 May 2018 pursuant to which the application for restoration moved by the second respondent has come to be allowed. Admittedly, the initial order passed by the Prescribed Authority was ex parte. Bearing the aforesaid fact in mind and that he has chosen to recall the ex parte order and has only directed the disposal of the proceedings on merits, the Court finds no manifest error in the order passed. The Court further notes that no serious prejudice has been caused to the petitioners so as to warrant invocation of its jurisdiction under Article 226 of the Constitution. The fact that the earlier order was ex parte is not disputed by the learned counsel.

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Accordingly, while this Court refuses to interfere with the order impugned, this petition is disposed of with the observation that the first respondent shall now proceed to consider the matter on merits and endeavour to dispose of the same with expedition and preferably within a period of four months from the date of presentation of a certified copy this order.

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The first respondent shall proceed in the matter with due notice to the second respondent.

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Order Date :- 20.7.2018 Arun K. Singh

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(Yashwant Varma, J.)

Abdul Aziz and 2 Others v. Payment of Wages Authority/Assistant Labour Commissioner Circular Road, Muzaffar Nagar and Another

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Abdul Aziz and 2 Others v. Payment of Wages Authority/Assistant Labour Commissioner Circular Road, Muzaffar Nagar and Another

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