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2011 Supreme(J&K) 168

MUZAFFAR HUSSAIN ATTAR
Ab. Hamid Lone – Appellant
Versus
State of J&K (Vigilance Org. ) – Respondent


Advocates Appeared:
Mr.Molvi Aijaz for petitioner., Mr.N.H.Shah, Dy.AG for Respondent.

1. One Peer Shafrief-ud-din filed complaint before Superintendent of Police Vigilance Organization, Srinagar on 28th Sept. 2001, stating therein that in the year 1990-2000, he was working as Clerk (Munshi) in the shop of one Bashir Ahmad Dar who is carrying on business in Fruit Mandi, under the name and style of M/s Dar Fruit Growers. The period of employment expired on 31st of March 2000, whereaf­ter his employer threw him out of job. It was also complained that entire salary including bonus etc remained deposited with the employer who in order to gob­ble-up the same did not pay it to him, which constrained him to file a claim before the Dy Labour Commissioner under Payment of Wages Act (for short the Authority) on 15th May 2000 wherein a prayer was made for issuance of direction to Bashir Ahmad Dar for payment of wages etc to the complainant.

It was also stated in the complaint that after the evidence was lead on both the sides before the Authority, it was proved that the complainant was paid only the amount which was due to him for having worked overtime, whereas the salary, bonus etc was not paid to him. It was also complained that on 12th Sept. 2000, the Authority prepared awar
















































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