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2025 DAILYLAW 75718 (ALL)

AKARAM ALI ANSARI v. STATE OF U.P. AND 5 OTHERS

WRIC/22875/2025 · 2025-07-16

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115983 Court No. - 33 Case :- WRIT - C No. - 22875 of 2025 Petitioner :- Akaram Ali Ansari Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Hari Shanker,Sunil Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. The petitioner has preferred the present petition with the prayer to quash the orders/notices dated 19.03.2025 & 11.04.2025 as well as the recovery order dated 18.06.2025 passed by the respondent No.4/Deputy Labour Commissioner, Mirzapur Area Pipari, Sonbhadra Camp Office, Bhadohi in which it is stated that the petitioner has employed six child labours and penalty of Rs.1,20,000/- has been imposed upon the petitioner. 3. It is argued by the learned counsel for the petitioner that the petitioner has no relation with the employment of the alleged child labours, rather they were parents residing in the building of the petitioner. It is argued that the aforesaid order has been passed without providing any notice or opportunity of hearing to the petitioner and the same has been passed in complete violation of principles of natural justice. 4. Heard learned counsel for the parities and perused the record. 5. In this view of the matter, the Court is of the opinion that the orders/notices dated 19.03.2025 & 11.04.2025 as well as the recovery order dated 18.06.2025 passed by the respondent No.4/Deputy Labour Commissioner, Mirzapur Area Pipari, Sonbhadra Camp Office, Bhadohi is to be treated as notice and the petitioner is directed to submit his reply raising all his legal and factual aspect of the matter which has been raised in the present petition along with certified copy of this order within 14 days from today before the respondent No.4. In case, the petitioner does so, the respondent No.4 is directed to pass appropriate orders in the matter after providing opportunity of hearing to the petitioner by way of personal hearing withing two months thereafter, if there is no legal impediment. 6. For a period of two months or till the decision taken in the matter whichever is earlier, no coercive action be taken against the petitioner. Order Date :- 17.7.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad