Petitioner challenged an order of the Deputy Labour Commissioner regarding oral employment contract. Court held private persons planting trees are not an industry under the Payment of Wages Act. No infirmity found; petition dismissed.
Petitioner's writ petition is dismissed being devoid of merits.
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Court No. - 36
Case :- WRIT - C No. - 25981 of 2018
Petitioner :- Chandra Pal Singh Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Shilpa Ahuja Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
The present writ petition is directed against the order dated 12.3.2018 passed by the Authorised Officer, Payment of Wages Act namely the Deputy Labour Commissioner, Moradabad Division, Moradabad.
The submission of learned counsel for the petitioner is that the oral contract between the petitioner and the respondent nos. 3 and 5 was duly proved before the Deputy Labour Commissioner by producing oral evidence, he, however, admits that no documentary evidence namely written contract with regard to engagement of the petitioner by the private respondent nos. 3 to 5 has been filed before him.
Even otherwise, the private persons who allegedly engaged the petitioner for the purpose of planting of some trees over their lands would not come within the meaning of "industry or establishment" so as to invoke jurisdiction of the Prescribed Authority under the Payment of Wages Act, 1936.
No infirmity is found in the order impugned. The writ petition is dismissed being devoid of merits.
Order Date :- 8.8.2018 Brijesh
2 issues framed by the court
Whether private persons engaging the petitioner for planting trees constitute an 'industry or establishment' under the Payment of Wages Act, 1936.
Whether lack of documentary evidence regarding the oral contract of engagement vitiates the Departmental Officer's findings.
Chandra Pal Singh
State Of U P
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
