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ASHUTOSH SRIVASTAVA
Jayant Srivastava – Appellant
Versus
Prescribed Authority, Payment of Wages Act, 1936 And Additional Labour Commissioner – Respondent
JUDGMENT :
Ashutosh Srivastava, J.
Heard Shri Prabhav Srivastava, learned counsel for the petitioner and Shri Satyendra Narayan Singh, learned counsel, who has appeared on behalf of respondent No. 2 on caveat.
2. Learned counsel for the petitioner is permitted to make necessary correction in the Serial Number of the parties appearing at various places of the petition.
3. The instant petition under Article 227 of the Constitution of India has been filed for setting aside the final judgment/order dated 19.9.2023 and formal order dated 16.11.2023 passed by the Additional District & Sessions Judge,-IX at Kanpur Nagar in Misc. Civil Appeal No. 3 of 2023 (Jayant Srivastava and another v. Prescribed Authority, Payment of Wages Act, 1936/Assistant Labour Commissioner, Kanpur Nagar, Kanpur and others) as also the final Award dated 4.6.2022 passed by the Prescribed Authority/Additional Labour Commissioner, Kanpur in PW Case No. 47 of 2018 (Shyamji Verma and others v. Jayant Srivastava and another). A further direction to the respondent No. 2 to release/return the amount deposited in pursuance to the Award dated 4.6.2022 in favour of the petitioner has also been prayed for.
4. It is the case of th
Orders passed by the appellate authority under the Payment of Wages Act are subject to revision under Article 227 of the Constitution, not Article 226.
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