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G. ANUPAMA CHAKRAVARTHY
Vinay Kumar Gupta @ Binay Gupta – Appellant
Versus
State of Bihar – Respondent
G. Anupama Chakravarthy, J.—The petitioner has filed the instant application for the following relief(s):—
“i. Issuance of writ in the nature of certiorari for quashing the order dated 28.11.2018 passed in M.W Appeal Case No. 03/2018 passed by the Deputy Labour Commissioner cum Appellate Tribunal, Bhagalpur whereby and where under the Respondent No. 3 has been pleased to dismiss the said case ex-parte without hearing the petitioner on the grounds of limitation without going into the merits of the case.
ii. Issuance of writ in the nature of certiorari for quashing the order dated 06.04.2018 passed by the Respondent No. 4 in favour of Respondent No. 7 in Case No. MW (1)- 30/2017 and ordered the Petitioner to pay Rs. 24000/- as the difference amount and 6 times compensation i.e. Rs. 1,44,000/-, making it a total sum of Rs. 1,68,000/- (One Lac, Sixty Eight Thousand only) to the respondent No.5 ex-parte without hearing the petitioner.
iii. To pass such other orders as may deem fit and proper.”
2. The case of the petitioner, in brief, is that on the basis of a written complaint submitted by respondent No. 4 to the Labour Superintendent, Katihar, respondent No. 5 instituted a claim under the
Point of Law : Section 33C(2) of The Industrial Disputes Act, 1947 reads as Recovery of money due from an employer.
when there is a payment of wages lesser than the minimum rate of wages payable for an employment, a claim can be raised under section 20(1) of the Act.
Point of Law : when a statute gives a right and provides a forum of adjudication of rights, remedy has to be sought only under the provisions of that Act and the performance of the rights has to be e....
The Labour Court has jurisdiction to entertain wage claims under Section 33(C)(2) of the Industrial Disputes Act, and the Limitation Act does not apply such claims.
The main legal point established in the judgment is that while welfare legislation must be applied liberally, the Authority must satisfy itself with sufficient cause for condoning the delay, based on....
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