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ABDUL MOIN
Sardar Charanjit Singh – Appellant
Versus
Assistant Labour Commissioner Acting – Respondent
| Table of Content |
|---|
| 1. challenge to orders under payment of wages act (Para 2 , 3 , 4) |
| 2. preliminary objection related to alternative remedy (Para 5 , 6) |
| 3. court analysis of jurisdiction claims (Para 7 , 8 , 9) |
| 4. principles governing writ jurisdiction (Para 10 , 11 , 12) |
| 5. exceptions for alternative remedy not met (Para 13 , 14 , 15) |
| 6. dismissal of petition and availability of other remedies (Para 16) |
JUDGMENT
Abdul Moin, J.
Heard learned counsel for the petitioners, learned Standing Counsel for the respondents no. 1 and 3 and Shri Shobhit Nigam, learned counsel for the respondent no. 2.
2. The instant petition has been filed challenging the orders dated 14.01.2019 and 09.12.2022 passed by the Assistant Labour Commissioner under the provisions of the PAYMENT OF WAGES ACT , 1936 (hereinafter referred to as the Act, 1936), a copy of the said orders are annexures 1 and 2 respectively to the petition. A further prayer is for quashing of the recovery citation issued by the respondent no. 3.
3. The case set forth by the petitioners is that an application under Section 14 of the Act 1936 was filed by the respondent no. 2. No notice of the said application was served upon the petitioners and t
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.
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.
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 Labour Court has jurisdiction to entertain wage claims under Section 33(C)(2) of the Industrial Disputes Act, and the Limitation Act does not apply such claims.
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