Interarch Building Products Pvt ... vs State Of Uttarakhand & Ors
2022 Latest Caselaw 2045 UK

       IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
           Writ Petition No. 1562 of 2022 (M/S)

Interarch Building Products Pvt Ltd.              ..... Petitioner
                           Versus
State of Uttarakhand & Ors.                     .....Respondents

Present:
      Mr. C.K. Sharma, the learned counsel for the petitioner.
      Mr. Yogesh Pandey, the learned Addl. C.S.C. for the State.
      Mr. D.S. Mehta, the learned counsel for respondent no. 6.

          Date of hearing and judgement : 08.07.2022

Sri S.K. Mishra, J.

In this case, the petitioner has prayed for the following reliefs:-

i. Issue a writ of certiorari quashing the impugned recovery citation dated 28.06.2022 and impugned order dated 30.06.2022 passed by Tehsildar, Rudrapur District Udham Singh Nagar (contained as Annexure no. 1 and 2 to the writ petition).

ii. Issue a writ order or direction in the nature of mandamus commanding and directing the Sub Divisional Magistrate, Rudrapur Udham Singh Nagar to produce copy of the order dated 30.06.2022 referred to, in the impugned order dated 30.06.2022 (annexyre no. 2 to the writ petition) and further be pleased to issued a writ of certiorari quashing the same.

iii. Issue a writ of certiorari quashing the impugned notice dated 14.06.2022 passed by Assistant labour Commissioner, Udham Singh Nagar and all other consequential orders (if any), pursuanct to the impugned notice dated 14.06.2022 (copies of which have not been served upon the petitioner) after summoning the same in original from the respondents.

iv. This Hon'ble Court may graciously be pleased to initiate contempt proceedings against the respondent no. 3 and 5 for committing willful disobedience to the order dated 30.06.2022 passed by this Hon'ble Court in Writ Petition No. 1266/2022 (M/S) and punish them approximately in exercise of powers as provided under Article 215 of the Constitution of India.

2. It is brought to our notice that the order passed by the Assistant Labour Commissioner has been challenged

by the petitioner in this Court on 14.06.2022 by filing writ petition no. 1266 of 2022 (M/S), and a interim order has been passed on 30.06.2022. However, before the said interim order has been passed, citation has been issued on 28.06.2022 which has led to anomalous situation. Since, the Co-ordinate Bench of this Court has already in- seisin of the legality and otherwise of the order passed by the Assistant Labour Commissioner out of which citation arise, it is appropriate on our part to dispose of the writ application directing respondent to keep the citation in hold.

3. Hence, writ petition is disposed of keeping impugned recovery citation dated 28.06.2022 and impugned order dated 30.06.2022 in abeyance till the final order or any order vacating or modifying the order of stay passed by learned Single Judge, in-seisin of the matter in WPMS No. 1266 of 2022 is passed.

4. Urgent certified copy of the judgment be provided as per rules.

(Sanjaya Kumar Mishra, J.)

PV