SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2006 Supreme(J&K) 244

BASHIR AHMAD KIRMANI
Ex. Engineer, Irrigation Division Baramulla – Appellant
Versus
Authority under Payment Of Wages Act – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Beigh
Advocate For Respondent: M.Y. Bhat

1. Admitted on 11.12.2000, this petition seeks quashment of award passed by authority appointed under Payment of Wages Act on 15.02.2000 in respondents favour to the tune of Rs. 30,100/- on account of unpaid wages due to her in lieu of services rendered to petitioner-department. Grounds pleaded are that since the wages claimed by respondent were time bar, the authority below had no jurisdiction to maintain the claim particularly because respondents engagement with petitioner-department was not valid nor she had rendered any service.

2. In her reply the respondents while objecting to the maintainability of writ petition on the ground that petitioners had not availed of the appellate remedy available to him under Payment of Wages Act, has also pleaded that the authority below had only directed payment of wages in her favour for services rendered and as such, the impugned award was well placed in fact and law. During course of submissions, counsel appearing for the parties have reiterated the contents of their respective pleadings.

3. I have heard learned counsel and considered the matter. The first question that falls for consideration is whether in view of the alternate appellate reme








Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top