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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Satyen Vaidya, J
Tansen Sangeet Mahavidalaya – Appellant
Versus
Vikas Sharma – Respondent
JUDGMENT :
(Satyen Vaidya, J.)
Aggrieved against order dated 23.08.2022 passed by learned Civil Judge, Senior Division, Solan (prescribed authority under the Payment of Wages Act, 1936 ) in case No. 15/2 of 2017 titled Vikas Sharma and others vs. Tansen Sangeet Mahavidyalaya, the petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India with a prayer to set-aside the impugned order.
2. The respondents preferred a petition under Sections 15 & 16 of the Payment of Wages Act, 1936 (for short, “The Act”) before the prescribed authority. The respondents claiming unpaid wages for the period 15.12.2015 to 08.04.2016, 15.12.2015 to 11.04.2016 and 15.12.2015 to 07.04.2016 respectively. The petition was instituted on 12.06.2017.
3. The petitioner without filing any reply to the petition of respondents, preferred an application before the prescribed authority with a prayer to dismiss the petition on the ground that the same was not filed within the prescribed period of limitation and no application for condonation of delay was filed.
4. The respondents filed reply to the application and averred that they in the first instance had filed application before
The prescribed authority under the Payment of Wages Act has discretion to condone delay in filing petitions if sufficient cause is shown, emphasizing the importance of substantive justice over techni....
The law of limitation is not an equitable statute and is a statute of repose. The petitioner must act with utmost good faith and make a full disclosure of all relevant facts to explain the delay.
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....
The claim for unpaid wages was barred by limitation, reinforcing the principle that courts must examine jurisdictional issues of limitation irrespective of whether they were raised by the parties.
The Minimum Wages Act requires a clear showing of sufficient cause for condoning delays in wage claims, and the authority must apply legal standards rigorously rather than grant concessions based on ....
Claims under the Minimum Wages Act, 1948, must adhere to prescribed limitation periods; a failure to substantiate reasons for delay in filing requires that such claims be denied or remanded.
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