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2021 Supreme(Chh) 57

RAJENDRA CHANDRA SINGH SAMANT
Bhaiya Lal Yadav, S/o Late Sahdeva Yadav – Appellant
Versus
Sub Divisional Officer, Public Works Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri R.S. Baghel, Advocate.
For the Respondents: Shri Gurudev I. Sharan, G.A.

ORDER :

1. This petition has been brought being aggrieved by the order dated 8.8.2008 passed by respondent No.3 rejecting the application of the petitioner filed under Section 421 (1) of CrPC for issuance of direction to respondent No.3 to proceed on the application filed by the petitioner.

2. It is submitted by the counsel for petitioner that the Court of the Authority, Minimum Wages Act, Korba (Annexure-P1) vide order dated 6.11.2007 passed in Claim Case No.25/MW/KRB/2006 has directed the respondent No.1 to make payment of difference of wages to the petitioner within 30 days of that order, along with orders of consequences of non-payment. The petitioner filed the application (Annexure-P2) before the respondent for compliance of the order Annexure-P1, but the same was not complied with. Therefore, application was filed before respondent No.3 i.e. the Labour Court, Korba, praying for execution of the order passed on 29.5.2008. Respondent No.3. By the impugned order it has been held that application filed by the petitioner is of civil nature, therefore, it cannot be registered as a criminal case and on this basis the same was rejected.

3. It is submitted by the learned counsel for peti

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