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2017 Supreme(J&K) 727

TASHI RABSTAN
HINDUSTAN CONSTRUCTION CO. – Appellant
Versus
STATE – Respondent


Advocates Appeared:
For the Appellants :Mr. Raman Sharma, Advocate and Mr. V.R. Wazir, Sr. Advocate, With Mr. Abhishek Wazir, Advocate.
For the Respondents:Mr. P.N. Raina, Sr. Advocate, With Ms. Diksha Handoo, Advocate.

JUDGMENT :

A. OWP No. 478/2015

1. Through the medium of this writ petition, the petitioner is seeking quashing of award dated 22.02.2014 passed by Assistant Labour Commissioner, Poonch, whereby award under Section 15(3) of the Payment of Wages Act, 1936 to the tune of Rs. 94,39,506/- came to be awarded in favour of respondents 3 to 32 herein and against the petitioner herein. Petitioner is also seeking quashing of order dated 31.01.2015, whereby the application filed by the petitioner herein for setting aside the award dated 22.02.2014 came to be dismissed.

2. The facts-in-brief, as gathered from the writ file, are that Respondents 3 to 32 being labourers and masons by profession were engaged by Respondent No. 33-Contractor for execution of earth work from January 2008 to 20th July 2012 at Mughal Road, which was allotted to Respondent No. 33-Contractor by the petitioner herein, which is a Company registered under the Companies Act, 1956. Since they were not made the wages as per the Muster Roll and Calculation Sheet, they filed an application before the Assistant Labour Commissioner, Poonch against the petitioner and Respondent No. 33 herein for payment of wages under Section 15(3) of





































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