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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Intark Mazdoor Sangthan Sidcul, Kichha, Udham Singh Nagar - Appellant
Versus
State Of Uttarakhand & Ors. - Respondents
Writ Petition (M/S) No. 2339 of 2021
Decided On : 16-11-2021
Contract Labour - Violation of License Conditions - The court disposed of the writ petition with liberty to the petitioner to approach the Competent Authority by making a representation, directing the Competent Authority to look into the matter and pass an appropriate order within six weeks.
Fact of the Case:
The writ petition was filed by Interarch Mazdoor Sangthan, alleging that M/s Interarch Building Products Pvt. Ltd. was engaging contract labourers in violation of license conditions.
Finding of the Court:
The court disposed of the writ petition with liberty to the petitioner to approach the Competent Authority by making a representation, directing the Competent Authority to look into the matter and pass an appropriate order within six weeks.
Issues: Violation of license conditions under Sections 7 & 12 of Contract Labour (Regulation and Abolition) Act, 1970.
Ratio Decidendi: The court held that the issue raised in the writ petition cannot be addressed under Article 226 of the Constitution, but allowed the petitioner to approach the Competent Authority for redressal.
Final Decision: The writ petition was disposed of with liberty to the petitioner to approach the Competent Authority by making a representation, and the Competent Authority was directed to pass an appropriate order within six weeks.
JUDGMENT
Manoj Kumar Tiwari, J. - Heard learned counsel for the parties.
2. This writ petition has been filed by Interarch Mazdoor Sangthan, Kichha, District Udham Singh Nagar. According to the petitioner, M/s Interarch Building Products Pvt. Ltd., SIIDCUL, Kichha 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.
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