STALLION SHOX LTD Vs. STATE OF U P

JUDGEMENT

(1.) M/s. Stallion Shox Limited has come up to this Court under Article 226 of the Constitution of India with the prayer that the citation dated 18. 5. 1999 Issued by the Tehsildar, Gautam Budh Nagar for realisation of a sum of Rs. 1,44,000 plus collection charges from the petitioner be quashed. The allied prayers have also been made.

(2.) THE dispute in the writ petition relates to the application of the opposite party No. 4, Pratap Chand who admittedly was a workman of the petitioner and went to the Tribunal under the relevant industrial law which passed an award in his favour directing payment of back wages to the opposite party No. 4 and that is how a sum of Rs. 1,44,000 and odd is now sought to be recovered from the petitioner through the present citation.

(3.) WHEN the writ petition was filed on 3. 6. 1999. an interim order was passed staying the recovery from the petitioner. The opposite party No. 4. workman has put in appearance and has filed a counter-affidavit to which a rejoinder-affidavit has also been filed. The State of U. P. and the recovering officials have been served through the standing counsel. Mr. Kushal Kant, assisted by Sri R. A. Gaur, learned counsel for the petitioner, Sri S. C. Ral, learned standing counsel for the State and its recovering officers and Mr. U. S. Avasthi, learned counsel for the workman concerned, i. e. . respondent No. 4 have been heard at length and the entire record has been examined.