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2011 Supreme(All) 361

SHABIHUL HASNAIN
RAHMAN EXPORTS PVT. LTD. KANPUR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Rakesh Kumar Chaudhary for the Petitioner; C.S.C., Dinesh Chandra Verma and Qamar Ahmad for the Respondents.

JUDGMENT

Hon’ble Shabihul Hasnain, J.—Heard Sri R.K. Chaudhary learned counsel for the petitioner, learned Standing Counsel for opposite parties No. 1 to 5 and Sri Qamar Ahmad who has put in appearance on behalf of opposite party No. 6.

2. The petitioner is a company registered under the Indian Companies Act, 1956 with its registered office at Kanpur. The petitioner has challenged the award dated 27.8.2010 passed in T.T.P.W. Case No. 2 of 2008 passed by the opposite party No. 3. It further challenges the recovery certificate dated 27.8.2010 passed in pursuance of the aforesaid order whereby an amount of Rs. 1,83,17, 232/- is being sought to be recovered from the petitioner under the U.P. Industrial Peace (Timely Payment of Wages) Act, 1978. The petitioner has also challenged the recovery citation dated 7.9.2010 issued by the opposite party No. 5 to the writ petition. The orders so challenged have been annexed as Annexures No. 1, 2 and 3 respectively to the writ petition.

3. Counter-affidavit was very promptly filed by Sri Qamar Ahmad on 1.10.2010 in this matter and a rejoinder-affidavit was also filed on 22.10.2010, as such the petition became ripe for hearing very quickly. A Supple























































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