Allowed

C/M Pyari Devi Rajit Post Graduate College and Another v. Deputy Labour Commissioner and 2 Others

Allahabad HC28 Feb 2020WRIC/7382/2020

Case brief

AI extract

What is this about?

This Single Judge, Hon'ble Siddhartha Varma, J., allowed a writ petition challenging orders dated 17.1.2019 and related consequential orders. The Court set aside the orders and recovery made without hearing the petitioner, directing authorities to pass reasoned orders after a hearing within one month.

What did the court decide?

Order dated 17.1.2019, consequential orders, and recovery set aside. Authorities to pass reasoned order after hearing within one month.

C/M Pyari Devi Rajit Post Graduate College… — Pension and Retirement Benefits | Allahabad HC (2020)

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Court No. - 41

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Case :- WRIT - C No. - 7382 of 2020

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Petitioner :- C/M Pyari Devi Rajit Post Graduate College And Another Respondent :- Deputy Labour Commissioner And 2 Others Counsel for Petitioner :- Grijesh Tiwari Counsel for Respondent :- C.S.C.

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Hon'ble Siddhartha Varma,J.

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It is the case of the petitioners that the petitioner-Society is such a Society which does not work for profit and when constructions were made, they were not covered by the provisions of Building and Other Construction Workers Welfare Cess Act, 1996. The further contention of the learned counsel for the petitioners is that the petitioners had no knowledge of the proceedings which resulted in the order dated 17.1.2019 and only after certain recoveries were being made and the Tehsildar had sent a citation to appear, did the petitioner-Society know about the order passed against it on 17.1.2019. Learned counsel further submits that if a notice had been received by the petitioner-Society, then it would have been able to convince the Authorities that the orders which have been impugned in the present petition could not have been passed.

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Learned Standing Counsel, however, submits that there was a presumption that the notices were sent to the petitioners by registered post.

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Be that as it may, since the petitioners had not been heard and the order dated 17.1.2019 had been passed, this Court feels it proper that the order be set-aside and the Authorities may pass orders only after hearing the petitioners.

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Under such circumstances, the order dated 17.1.2019 and the consequential orders dated 17.7.2019 and 31.8.2019 passed by

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the respondent no.1 are also set-aside. The recovery, therefore, is also set-aside. The Authorities shall now, after hearing the petitioners, pass a reasoned order within a period of one month from the date of presentation of a certified copy of this order.

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The writ petition is, accordingly, allowed.

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Order Date :- 28.2.2020 GS

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(Siddhartha Varma, J.)

C/M Pyari Devi Rajit Post Graduate College and Another v. Deputy Labour Commissioner and 2 Others

Case brief

What is this about?

What did the court decide?

C/M Pyari Devi Rajit Post Graduate College and Another v. Deputy Labour Commissioner and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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