- (1.) Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1, 2 and 3, as well as Sri S.A. Siddiqui, learned counsel appearing for the respondent no.4.
(2.) This writ petition is directed against an order passed by the Deputy Labour Commissioner exercising his power under Section 3 of the U.P. Industrial Peace (Timely Payment of Wages) Act, 1978.
(3.) It appears that proceedings under the Act were initiated against the petitioner with issuance of a show cause notice dated 10th May, 2016. As per the notice, a sum of Rs.64,76,179/- was the amount payable to the workers, which had not been paid, and consequently, proceedings were initiated. Petitioner contends that there are no work/order pending for execution with the petitioner, and it is in a precarious financial condition. A lay off has been enforced. Notice has been served. It is stated that most of the persons at whose instance claim has been raised, were not workers, and proceedings at their instances consequently were not maintainable before the authority concerned. It is contended that authorized representative of petitioner appeared before the authority, but an order was passed requiring the petitioner to deposit a sum of Rs.10 odd lacs first before their reply would be considered. Allegations have been made in the writ petition that the employer's representatives were manhandled and beaten by the workers, on account of which no representative represented it before the authority, and in such circumstances, an order against the petitioner has been passed without taking into consideration the defence available to petitioner.;