M/S Sahib Transport Company v. Assistant Labour Commissionr (C), Karnal And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Civil Writ Petition No.19005 of 2016 Date of decision: September 14, 2016 M/s Sahib Transport Company ....Petitioner versus The Assistant Labour Commissioner (C) and others ...Respondents

CORAM:

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN *****

Present:

Mr. Yogesh Chaudhary, Advocate for the petitioner. ***** AJAY KUMAR MITTAL, J. (Oral) 1.

The prayer made in the present writ petition filed under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of certiorari for quashing the order/letter dated 03.08.2016 (Annexure P-7) passed by respondent No.1. Further a writ in the nature of mandamus has been sought for directing respondent No.1 to issue the requisite Labour Licenses to the petitioner-Firm for carrying out the handling work at the Railheads Jagadhari and Ambala Cantt. of FCI, for which the requisite Form V had also been duly issued by respondent No.3 on 12.07.2016 and 13.07.2016 (Annexures P-3 & P-4 respectively) and further the requisite clarification as sought by respondent No.1, also stood issued on 27.07.2016 and 05.08.2016 (Annexure P-8) by respondent No.3. 2.

Learned counsel for the petitioner submitted that after filing of the present writ petition, the partial relief has already been granted inasmuch as the requisite Labour Licenses have been Sonia Kinra 2016.09.21 13:53 I attest to the accuracy and integrity of this document High Court, Chandigarh

Civil Writ Petition No.19005 of 2016 -2- ----- issued to the petitioner. It was prayed that in respect of the remaining pleas, the liberty be granted to the petitioner to approach the concerned respondent by filing a detailed and comprehensive representation, however, a direction be issued to the said respondent to decide the same in a time bound manner after affording an opportunity of hearing to the petitioner in accordance with law. 3.

After hearing learned counsel for the petitioner, perusing the present petition and without expressing any opinion on the merits of the case, we dispose of the present petition by granting liberty to the petitioner to file a detailed and comprehensive representation raising the remaining grievances as raised in the present writ petition before the concerned respondent. It is directed that in the event of the representation being filed by the petitioner within a period of one week from the date of receipt of certified copy of this order, the same shall be decided by the concerned respondent in accordance with law by passing a speaking order and after affording an opportunity of hearing to him within a period of one week thereafter. (AJAY KUMAR MITTAL) JUDGE (RAMENDRA JAIN) September 14, 2016 JUDGE sonia gugnani Whether speaking/reasoned?

Yes/No Whether reportable?

Yes/No Sonia Kinra 2016.09.21 13:53 I attest to the accuracy and integrity of this document High Court, Chandigarh