SUSHIL DIXIT Vs. STATE OF UP
LAWS(ALL)-2008-11-56
HIGH COURT OF ALLAHABAD
Decided on November 20,2008

SUSHIL DIXIT Appellant
VERSUS
STATE OF UP Respondents

JUDGEMENT

S.P.MEHROTRA, J. - (1.) THE present writ petition has been filed under Article 226 of the Constitution of India, inter alia, praying for quashing the Recovery Certificate dated January 21, 2008 (Annexure 1 to the writ petition).
(2.) IT is, inter alia, stated in the writ petition that the petitioner is owner of Shivani Restaurant, Orai situated at Gate of Konch Bus Stand, Qrai; and that Rajesh (respondent No. 4) is working in the said Restaurant since July, 2007. It is, inter alia, further stated in the writ petition that the petitioner received the said Recovery Certificate dated January 21, 2008 from the Amin in the month of May, 2008. Copy of the said Recovery Certificate dated January 21, 2008 has been filed as Annexure 1 to the writ petition. A perusal of the said Recovery Certificate shows that the same refers to a Notice No. 5515 dated October 22, 2007 whereby the petitioner was required to deposit an amount of Rs. 20,000/ - within 15 days as compensation on account of employment of a chila labour, namely, the said Rajesh in the establishment of the petitioner in view of the judgment dated December 10, 1996 passed by the Supreme Court in Writ Petition No. 465/1986. M.C. Mehta v. State of Tamil Nadu and Ors.
(3.) IT is averted in paragraph 4 of the writ petition that before issuance of the said Recovery Certificate, the petitioner was neither served with any show -cause notice nor was any statement of the respondent No. 4 (Rajesh) or his parents was recorded nor was the petitioner ever required to file any objection before issuance of the said Recovery Certificate.;


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