Neutral Citation No. - 2025:AHC:80141 Court No. - 33 Case :- WRIT - C No. - 15384 of 2025 Petitioner :- Akash Agarwal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devendra Tiwari Deva,Sushil Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the respondents no.1, 2 & 3 and perused the records. 2. Against the ex-parte order dated 29.11.2024 passed by the respondent no.2- Prescribed Authority under Payment of Wages Act, 1936 and Deputy Labour Commissioner, Moradabad Region, Moradabad in Case No.(PWA)-14/2021 recall application has been filed by the petitioners along-with affidavit on 22.04.2025. 3. It is argued by counsel for the petitioners that in the aforesaid recall application next date fixed is 17.06.2025. The aforesaid recall application is pending but wholly illegally recovery certificate has been issued by the respondent no.2 on 26.03.2025. Pursuant to the order dated 29.11.2024 it is argued that till the time final decision is taken in the matter by the Presiding Authority the recovery proceedings is liable to be set aside. 4. In the facts and circumstances of the case and also in the interest of justice, present writ petition is disposed of finally directing the respondent no.2 to decide the aforesaid recall application filed by the petitioner strictly in accordance with law on the next date fixed in the matter, i.e., 17.06.2025 after hearing all the parties concerned. If on account of any reason no orders were passed on the aforesaid date, the decision will be taken on the aforesaid application preferably within a period of two months from the next date fixed in the matter, thereafter, if there is no legal impediment. 5. Till 31.08.2025 or till the time decision is taken on the aforesaid application, whichever is earlier, no coercive action shall be taken against the petitioner. 6. It is made clear that the present order has been passed in the facts and circumstances of the case and also in the interest of justice even without issuing notice to the respondent no.4 hence respondent no.4 is free to file recall application, if he is aggrieved by the present order within 30 days from today. Order Date :- 15.5.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad