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0U2^20if to35,37,43 to44,48, 57,79, 102to 103, 105
Piesent. Mr. Eshita Baruah, Adv. for Mr. Gaurang Kanth, Adv. for petitioner.
Mr. R.K. Pandit, Mr. A.K. Sharma, Advs. for R1.
Mr. Sharat Kapoor, Adv. for R2.
+ W.P.(Q 4173/2016, W.P.(a 4174/2016, W.P.rC) 4175/2016.
W.P.(a 4177/2016. W.P.(0 4183/2016. W.P.rO 4184/2016.
W.p.ro 4576/2016, W.P.fO 4603/2016, W.P.(0 5628/2016.
W.P.(C) 6262/2016, W.P.fO 6263/2016 and W.P.fO 6270/2016
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JUDGMENT
1. Learned counsel for the petitioner submits that the similar writ petitions bearing W.P.(C) Nos.9747/2016 and 10798/2016 have been disposed of by this Court vide order dated 24"' November, 2016 by remanding back the matter to the Deputy Labour Commissioner. Learned counsel for the petitioner submits that similar order be passed in these writ petitions as well.
2. Learned counsels for respondent no.l/workman have no objection to this matter being remanded back to Deputy Labour Commissioner for reconciliation of the amount payable by the petitionerto respondent no.1.
3. In the facts and circumstances of this case, the impugned recovery certificates are set aside and the matters are remanded back to the Deputy Labour Commissioner for reconciliation of the amount payable by the petitioner to respondent no.l. The petitioner shall file the computation along with supporting documents including muster rolls, before the Deputy Labour Commissioner within a period of four weeks from today with advance copy to respondent no.l who shall file his response thereto along with the documents in support thereof within a period of three weeks thereafter. The Deputy Labour Commissioner shall afford a hearing to both the parties and thereafter pass a reasoned order determining the amoant payable by the petitionerto respondentno.l. The copy ofthe order shall be furnished to the 2016:DHC:8880 petitioner as well as respondent no.l. The petitioner shall deposit th^ amount so determined by Deputy Labour Commissioner within a period of four weeks of the date of receipt of the order failing which the Deputy Labour Commissioner shall proceed to recover the same in accordance with law.
4. Subject to final determination of the amount by Deputy Labour Commissioner, the petitioner is directed to make the payment ofRs.11,000/-^ torespondent no.l/workman ineach case by means ofa cheque torespective respondent no.l/workman and by sending the same at the address given in thememo of parties within a period of four weeks from today.
5. The writ petitions and the pending applications are disposed ofin the above terms.
6. Needless to say that if the parties are not satisfied with the fresh deteimination of the amount by Deputy Labour Commissioner, they would be at liberty to avail appropriate legal remedies available to them.
7. Copy ofthis order be given dasti to counsel for the parties. J.R. MIDHA, J. DECEMBER 01, 2016 ak, \