Vikram Kumar Devichand v. The Asst. Commissioner Of Labour And 2 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.13901 of 2005 ORDER:

The petitioner is challenging the orders passed by the Authorities under Shops and Establishments Act, wherein, an amount of Rs.22,076/- was directed to be paid to the 3rd respondent-workman. Counsel for petitioner submits that at the time of admission, this Court was pleased to grant interim stay of the orders passed by the Authorities under Shops and Establishments Act subject to the condition that the petitioner shall deposit an amount of Rs.12,000/-. The petitioner has complied with the said orders and paid Rs.12,000/-. Now, the issue is with regard to payment of balance amount of Rs.10,076/-. Counsel for petitioner submits that the petitioner is willing to pay the balance amount of Rs.10,076/- and some reasonable time may be granted to comply with the orders passed by the Authorities under Shops and Establishments Act.

This Court, having considered the said submission, is of the considered view that the Authorities have rightly passed orders in favour of the 3rd respondent-workman and the petitioner could not point out any grave irregularity or illegality in the orders passed by the Authorities under Shops and Establishments Act, and in the absence of the same, this Court cannot interfere with the said orders.

The writ petition is accordingly dismissed. However, two weeks' time is granted to the petitioner to comply with the orders passed by the Authorities under Shops and Establishments Act, and upon payment of

balance amount of Rs.10,076/- (Rupees Ten thousand Seventy Six only) to the 3rd respondent-workman, it is needless to observe that the proceedings initiated against the petitioner in Summary Trial Case before the Magistrate concerned, stands closed.

Pending miscellaneous applications, if any, shall stand closed. No order as to costs.

______________________________ ABHINAND KUMAR SHAVILI, J 26th December 2018 ajr