M/S Rahul Agarwal Sweet Corner and Jalpan and Another Vs Upshram Aayukt Moradabad Range and Others

Court No. - 6

Case :- WRIT - C No. - 9367 of 2010

Petitioner :- M/S Rahul Agarwal Sweet Corner And Jalpan And Another Respondent :- Upshram Aayukt Moradabad Range And Others Counsel for Petitioner :- Sunil Kumar Singh,Raj Kumar Khanna Counsel for Respondent :- C.S.C.

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Hon'ble Ajay Bhanot,J.

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The notice dated 27.08.2009 asked the petitioners to show cause why the penalty of Rs. 20,000/- be not imposed upon him for employing child labour.

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The impugned order dated 30.12.2009 records that the reply of the petitioners was not satisfactory. On this footing a penalty of Rs. 20,000/- was imposed upon the petitioner. The said proceedings against the petitioner were taken out in compliance of the judgment of Supreme Court rendered on 10.12.1996 in Writ Petition (Civil) No. 465/86, M.C. Mehta Vs. State of Tamil Nadu and others.

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The petitioner tendered his defence in his reply to the notice.

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There is merit in the contention on behalf of the petitioners that the impugned order fails to consider the reply tendered by the petitioners. The impugned order dated 30.12.2009 is cryptic and fails to advert to the specific grounds taken in defence in the reply of the petitioners. The impugned order vitiated by non application of mind.

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The impugned order dated 30.12.2009 is liable to be quashed and is quashed.

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The matter is remitted to respondent No. 1- Deputy Labour Commissioner, Moradabad Range, Moradabad.

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The respondent No. 1-Deputy Labour Commissioner, Moradabad Range, Moradabad shall pass fresh order after considering reply of the petitioner within three months from the receipt of certified copy of this order.

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The writ petition is allowed to the extent indicated above.

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Order Date :- 2.11.2021 Nadeem

M/S Rahul Agarwal Sweet Corner and Jalpan and Another v. Upshram Aayukt Moradabad Range and Others

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M/S Rahul Agarwal Sweet Corner and Jalpan and Another v. Upshram Aayukt Moradabad Range and Others

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