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2006 Supreme(J&K) 247

BASHIR AHMAD KIRMANI
Mohd. Mushtaq – Appellant
Versus
Authority under Payment Of Wages Act – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Beigh
Advocate For Respondent: A. Andrabi
Advocate For Respondent: S.A. Qadiri

1. Admitted on 09.05.2002, this petition impugns the award dated 14.07.2001 passed by authority appointed under Payment of Wages Act in favour of respondents 3 to 22 to the tune of Rs. 1,21,735/- on account of unpaid wages due to them in lieu of services rendered by them to the petitioner-department. Grounds pleaded are that the claim of respondents aforesaid was a total fraud as they had received whatever wages were due to them, through respondent no. 3 who engaged other respondent to execute the work of construction of house hold Latrines under allotment order No. 927-34/RSP/95-96 dated 05.01.1996 under a special scheme of Border Area Development Programme (BADP) which was undertaken during years 1994-95, and 1995-96 in Block Uri for Village Nambla and as such, claim projected before the authority was bad which was wrongly allowed particularly because respondents 4 to 22 were never engaged by petitioner-department but respondent no. 3 who had been paid all the wages by the department for construction of forty-four Latrines under the aforesaid scheme, but despite that chose to institute the time bar claim which was entertained by the authority beyond period of limitation even with











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