Mohd. Danish vs District Judge And 2 Others

Dinesh Kumar Singh, J

This writ petition seeks following reliefs:-

"i. issue a writ, order or direction in the nature of certiorari, the order dated 19.4.2003, passed by the opposite party no. 1 and the order dated 1.4.2003 and 30/31.3.2001, passed by the opposite party no. 2, as contained in annexures No. 1, 2 and 3 respectively to this writ petition, may kindly be quashed by this Hon'ble Court.

ii. issue any other.......of the petitioner.

iii. allow.....with costs."

This Court, while admitting the petition on 07.05.2003, passed the following order:-

"Admit.

The notice on behalf of the opposite parties has been accepted by the Chief Standing Counsel, who prays for and is granted four weeks' time to file counter affidavit.

Learned counsel for the petitioner submits that the petitioner is running a tailoring shop and Sri Mohd Nazish is the real younger brother of the petitioner and Sri Abdul Waheed is his friend. He further submits that an affidavit was filed by Sri Mohd. Nazish and Sri Abdul Waheed before the District Judge that they are not the employees of the petitioner.

In view of the aforesaid facts, the operation of the order dated 31.3.2001 passed by the Prescribed Authority under the Minimum Wages Act shall remain stayed."

I have heard the learned counsel for the parties and gone through the record.

I have found substance in argument advanced by the learned counsel for the petitioner. Thus, this writ petition is allowed in terms of the interim order dated 07.05.2003. Consequently, the impugned order dated 31.03.2001 is quashed.