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1996 Supreme(All) 1241
IN THE HIGH COURT OF ALLAHABAD
M. Katju, J.
ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Civil Misc. Writ Petition 30948 Of 1995
Decided On : 11/05/1996
K.J.Shukla, Nimai Dass, S.C.Dubey, S.S.Chauhan
The central legal point established is that the Payment of Wages Act does not apply to the petitioner, who was employed as Secretary of a Cooperative Society, and the appropriate remedy for the petitioner lies under alternative provisions such as Section 33-C(2) of the Industrial Disputes Act or Section 6-H(2) of the U.P. Industrial Disputes Act.
Headnote:
Payment of Wages Act - Applicability to Cooperative Society Secretary - The court held that the Payment of Wages Act does not apply to the petitioner, who was employed as Secretary of a Cooperative Society, as the Act only applies to persons employed in a factory, railway administration, or establishments covered by specific clauses of Section 2. The court directed the petitioner to seek remedy under Section 33-C(2) of the Industrial Disputes Act or Section 6-H(2) of the U.P. Industrial Disputes Act.
Fact of the Case:
The writ petition was filed against the impugned order dated 17-5-1995, which was in relation to the application made by the respondent No. 3, who was employed as Secretary of a Cooperative Society, under Section 15 of the Payment of Wages Act.
Finding of the Court:
The court found that the Payment of Wages Act does not apply to the petitioner and allowed the writ petition, setting aside the impugned order dated 17-5-1995.
Issues: Applicability of the Payment of Wages Act to the petitioner and the appropriate remedy for the petitioner.
Ratio Decidendi: The court held that the Payment of Wages Act does not apply to the petitioner as the petitioner is not covered by the specific clauses of Section 2 of the Act, and directed the petitioner to seek remedy under alternative provisions.
Final Decision: The writ petition is allowed, and the impugned order dated 17-5-1995 is set aside.
( 1 ) HEARD counsel for the petitioner.
( 2 ) THIS writ petition has been filed against the impugned order dated 17-5-1995 Annexure-1 to the writ petition. The respondent No. 3 was employee as Secretary of a Co-operative Society and he made an application Under Section 15 of the Payment of Wages Act. In my opinion, the payment of Wages Act does not at all apply in this case. Section 1 (4) of the said Act states that the Act will apply to persons employed in a factory or in railway administration or to establishments covered by Section 2 (ii) (ag ).
( 3 ) THE petitioner is not covered by any of the aforesaid clauses of Section 2 of the Act. Hence the payment of Wages Act has no application at all. The remedy if any, of the petitioner was to apply Under Section 33-C (2) of the Industrial Disputes Act or Section 6-H (2) of the U. P. Industrial Disputes Act.
( 4 ) THE writ petition is allowed. The impugned order dated 17-5-1995 is hereby set aside.
( 5 ) COPY of this order may be given to the counsel for the petitioner within two days on the payment of the usual charges.
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