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HIGH COURT OF JAMMU AND KASHMIR
ABDUL JABBAR SHEIKH – Appellant
Versus
AUTHORITY UNDER PAYMENT – Respondent
JUDGMENT :
01. A perverted exercise of the jurisdiction by the Authority (Deputy Labour Commissioner), Kashmir under the Payment of Wages Act, 1936, purportedly acting under the Payment of Wages Act, 1936 resulting in passing of one page order dated 17th of July, 2001 brought the writ petitioner petitioning this Court with the present writ petition under Article 226 of the Constitution of India for assailing the exercise of jurisdiction and passing of the impugned order dated 17th of July, 2001, whereby the petitioner was held liable for payment of Rs.2,96,782/- in favour of the respondent No.2.
02. The Authority (Deputy Labour Commissioner), Kashmir under the Payment of Wages Act, 1936 was approached by the respondent No.2- Mohammad Qasim Sheikh with an application without any reference as to under which law the said Authority was being approached by the respondent No.2 for claiming recovery of an amount of Rs.2,96,782/-.
03. In this application, the respondent No.2 came to make a purported reference that he had supplied labour force to the petitioner in connection with execution of a contract relating with construction of a bridge which was being carried out by the petitioner. In th
The Deputy Labour Commissioner's order was void as it lacked jurisdiction to award wages to a supplier of labor without identifying specific employees under the Payment of Wages Act, 1936.
Point of Law : when a statute gives a right and provides a forum of adjudication of rights, remedy has to be sought only under the provisions of that Act and the performance of the rights has to be e....
The authority under the Payment of Wages Act has no jurisdiction to impose wage payments if no work was performed; disputes arising must be addressed under the Industrial Disputes Act.
The jurisdiction of the writ court is not for appellate review of Labour Court decisions; it must ensure there is no illegality or perversity in the lower court's order while affirming the duty to pa....
The Deputy Chief Labour Commissioner has jurisdiction to determine wage parity for contract workers performing similar work as regular employees under Rule 25(2)(v)(a) of the CL (R & A) Central Rules....
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