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2006 Supreme(SC) 545

C.K.THAKKER, ARIJIT PASAYAT
Hotel and Restaurant Karamchari Sangh – Appellant
Versus
Gulmarg Hotel – Respondent


JUDGMENT

Arijit Pasayat, J.—Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court allowing the Writ Petition filed by respondent No. 1 (hereinafter referred to as the ‘employer’).

2. The High Court by the impugned order quashed the order passed by the Deputy Labour Commissioner, Lucknow Region, Lucknow. The said authority had issued a certificate for recovery of Rs. 60,810.76 from respondent No. 1 in terms of Uttar Pradesh Industrial Peace (Timely Payment of Wages) Act, 1978 (in short the ‘Act’).

3. Background facts filtering out unnecessary details are as follows :

On the basis of a complaint received from the appellant, the Assistant Labour Commissioner issued a notice to respondent No. 1 stating that it had not paid outstanding wages to the employees/workmen of the establishment amounting to more than Rs. 60,000/-. The authority asked the respondent No. 1-employer to show cause as to why recovery under the Act shall not be made as arrears of land revenue by issuance of certificate of recovery. Respondent No. 1-employer submitted a reply stating that nine employees were absconding and out of total 22 employees, 8 employees had been paid

















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