WPMS/2342/2021
2021 Latest Caselaw 4602 UK

IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
     ON THE 16TH DAY OF NOVEMBER, 2021
                       BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 2342 of 2021

BETWEEN:

Intark Mazdoor Sangthan SIDCUL,
Pantnagar, Udham Singh Nagar.             .....Petitioner
     (By Mr. D.S. Mehta, Advocate)

AND:
State of Uttarakhand & others.            ...Respondents
     (By Mr. Shailendra Singh Chauhan, Deputy Advocate
     General for the State of Uttarakhand/respondent nos. 1
     to 4 and Mr. C.K. Sharma, Advocate for respondent no.
     5)


                     JUDGMENT

Heard learned counsel for the parties.

2. According to the petitioner, M/s Interarch Building Products Pvt. Ltd. is engaging contract labourers in violation of condition of the license issued under Sections 7 & 12 of Contract Labour (Regulation and Abolition) Act, 1970.

3. The issue raised in this writ petition cannot be gone into while exercising power under Article 226 of the Constitution, however, having regard to the facts of the case, the Writ Petition is disposed of with liberty to the petitioner to approach the Competent Authority by making a representation. If petitioner

makes a representation within ten days from today, Competent Authority shall look into the matter and pass an appropriate order, in accordance with law within six weeks thereafter.

4. It goes without saying that before passing any order, the Competent Authority shall also hear the Management.

(MANOJ KUMAR TIWARI, J.) Navin