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2012 Supreme(All) 1198

ANIL KUMAR
Malti Chaudhary – Appellant
Versus
State of U. P. and Others – Respondent


S/Sri Amar Nath Tripathi, Jai Prakash Katiyar , Manoj Kumar Sahu, Advocates, for Petitioner
C.S.C , Sri Suresh Chandra Shukla, Advocate, for Respondents.

Hon'ble Anil Kumar, J.—

Heard Sri Amar Nath Tripathi, learned counsel for the petitioner, learned State Counsel for opposite parties no. 1 and 2 as well as Sri Suresh Chandra Shukla, learned counsel for opposite parties no. 3 to 7 and perused the record.

2. By means of present writ petition, the petitioner has challenged the impugned orders dated 19.5.2011 and 11.4.2012 (Anexure no. 1 and 2) passed by opposite party no.2/Assistant Labour Commissioner, Lucknow.

3. Facts, in brief, of the present case are that initially a claim under Section 15(2) of the Payment of Wages Act, 1936 (hereinafter referred to as 'Act') has been filed by opposite parties no. 3 to 7 on the basis which P.W. Case no. 676 of 2008 (Ram Sajivan and others v. Dr. Smt. Malti Chaudhari) has been registered before opposite party no.2. In the said matter, a written statement has been filed on behalf of respondent on 8.4.2010 and a defence in nut shell which has been taken in the written statement as per pleadings is that no work has been taken by the petitioners who have filed P.W. case before opposite party no.2 under the Act. Thereafter, no appearance has been put on behalf of the respondent before opposite party no.


























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