JUDGMENT :

Rajan Roy, J.

1. Heard Sri Lav Kumar Agrawal and Sri D.N. Misra learned counsel for the petitioners and Sri Shailendra Singh for the respondents in respective writ petitions.

2. Writ Petition No.1616 (MS) of 2010 has been filed by U.P. Power Corporation Limited (hereinafter referred to as ‘the Corporation’) challenging the order dated 09.02.2010 passed by the Prescribed Authority under the Payment of Wages Act, 1936 holding it liable for payment of wages to the opposite party no.2-workman opposite party no.1 died during pendency of the writ petition and his legal heirs have been substituted.

3. Proceedings were initiated by the private opposite party under Section 16 of the Payment of Wages Act, 1936 (hereinafter referred to as ‘the Act, 1936’) for payment of wages for the period May, 2006 to May 2007 claiming relief against the Corporation @Rs.86 per day i.e. Rs.2064 per month. Summons were issued to the petitioner herein who filed written statement etc.

4. The workmen led oral and documentary evidence. The petitioner i.e. the employer also led oral as well as documentary evidence which was in the form of work contract issued to the petitioner of connected writ petition No.1