Ajpa Parishad Sahkari Awas Samiti Ltd. Vs Prescribed Authority, Payment of Wages Act, 1936/ASSISTANT Labour Commissioner and 14 Others

Court No. - 36

Case :- WRIT - C No. - 28203 of 2018

Petitioner :- Ajpa Parishad Sahkari Awas Samiti Ltd Respondent :- Prescribed Authority, Payment Of Wages Act, 1936/Assistant Labour Commissioner And 14 Others Counsel for Petitioner :- J.P. Pandey Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Sunita Agarwal,J.

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The present petition is directed against the order dated 17.01.2018 passed by the competent authority under the Payment of Wages Act, 1936 i.e. the Assistant Labour Commissioner, Lohia Nagar, Ghaziabad as also the consequential recovery certificate dated 26.03.2018.

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Learned counsel for the petitioner vehemently submits that the fact recorded in the order impugned with regard to the service of notice upon the petition herein are incorrect inasmuch as, the petitioner has not been properly impleaded in the claim petition filed before the Prescribed Authority under the Payment of Wages Act. It is further submitted that a recall application dated 19.07.2018 explaining the delay therein has been filed before the prescribed authority i.e. the Assistant Labour Commissioner. Which is pending consideration. However, the respondent no. 2 is pressing recovery citation dated 26.03.2018. Prayer is to stay the recovery proceeding during the pendency of the recall application.

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This Court is of the considered opinion that for the grievances raised by the petitioner before the Prescribed Authority i.e. respondent no. 1 under the Payment of Wages Act, it would be appropriate that he may press the interim prayer made in the recall application in P.W.A. Case no. 96 of 2016, which shall be decided by the competent authority at the earliest, preferably within a period of two months from the date of submission of certified copy of this order.

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Subject to the above observations and directions, the writ petition is disposed of.

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Order Date :- 20.8.2018 Rahul.

Ajpa Parishad Sahkari Awas Samiti Ltd. v. Prescribed Authority, Payment of Wages Act, 1936/ASSISTANT Labour Commissioner and 14 Others

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Ajpa Parishad Sahkari Awas Samiti Ltd. v. Prescribed Authority, Payment of Wages Act, 1936/ASSISTANT Labour Commissioner and 14 Others

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