IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Bashir Ahmad Kirmani, J.
Mohd. Mushtaq - Appellant
Versus
Authority under Payment Of Wages Act & Ors. - Respondent
OWP No. 360/2001
Decided On : 03 November, 2006
2. In their reply respondents 3 to 22 while objecting to maintainability of writ petition on the ground that petitioners had not exhausted the appellate remedy available to them under section 17 of the Payment of Wages Act without which petition could not be filed, they have also pleaded that their claim before the appointed authority below was well founded and fully justified in fact and law. During course of submission, counsel appearing for 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 remedy available to petitioners under section 17 of the Payment of Wages Act, the writ petition could be maintained without exhausting the same and if so in what circumstances. In this behalf reference may be made to the precedent to find an answer to the question:
I. In "M.G. Abrol vs. M/s Shanti Lal and Company" reported as AIR 1996 SC 197- Honble Apex Court while considering the question was pleased to hold in Para 15 of judgement among other things as under :- "Lastly it was argued that the High Court should not have exercised its jurisdiction under Article 226 of the constitution as the respondents had an effective remedy by way of appeal...........but the High Court rightly pointed out that respondents had no effective remedy for they could not file an appeal without depositing the huge amount........ as a condition precedent imposed on them that apart........... The existence of effective remedy does not oust the jurisdiction of the High Court but it is only one of the circumstances that the court should take into consideration in exercising it discretionary Jurisdiction under Article 226 of the Constitution. In this case, the High Court thought fit to exercise its jurisdiction under Article 226 of the Constitution and we do not see any exceptional circumstance to interfere its discretion".
II. The question was also considered by Division Bench of this Court in "Tramboo Joinery Private Limited vs. Authority under Payment of Wages Act" reported as 1998 S.L.J. Page 79 wherein while considering the question the bench observed as under:-- "Dealing with the contention of the learned counsel for the respondent that the appellant had approached the writ court without exhausting efficacious remedy of appeal and the writ petition has rightly been dismissed, the writ court while recording such finding for dismissal of the petition has placed reliance upon the judgements of the Honble Supreme Court reported in AIR 1969-556 and AIR 1985 p.330. We have pursued the judgements. The Honble Supreme Court has laid down law in AIR 1969 p.556 while dealing with a particular situation
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