Allowed

Management of United Spirits Limited v. Deputy Labour Commissioner U.P. and Another

Allahabad HC9 May 2022WRIC/8583/2022

Case brief

AI extract

What is this about?

This writ petition challenged a Deputy Labour Commissioner's order for recovering post-award wages. The court held such recovery under Section 6-H(1) was without jurisdiction and allowed the petition to quash the order.

What did the court decide?

The order dated 28.01.2022 passed by the Deputy Labour Commissioner, Bareilly Region is quashed.

Management of United Spirits Limited Vs Deputy… — Writ and Judicial Review | Allahabad HC (2022)

¶1

Court No. - 38

¶2

Case :- WRIT - C No. - 8583 of 2022

¶3

Petitioner :- Management Of United Spirits Limited Respondent :- Deputy Labour Commissioner U.P. And Another Counsel for Petitioner :- Shubham Agarwal Counsel for Respondent :- C.S.C.,Jamal Ahmad Khan

¶4

Hon'ble Saumitra Dayal Singh,J.

¶5

Heard Sri Shubham Agarwal, learned counsel for the petitioner and Sri Jamal Ahmad Khan, learned counsel for the respondent-workman.

¶6

Challenge has been made to the order dated 28.01.2022 passed by the Deputy Labour Commissioner, Bareilly Region, Bareilly under Section 6-H(1) of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act').

¶7

Short submission advanced by learned counsel for the petitioner is the impugned order is an order passed for recovery of post award wages. It is without jurisdiction. Thus, the award giving rise to the present proceedings is dated 25.03.2019 whereas the period of wages are for the period September 2019 to December 2021.

¶8

Upon instructions, learned counsel for the respondents could not dispute the correct position in law that post award wages may not be recovered under Section 6-H(1) of the Act. He however prays that the present order may not have any effect on the application made by the respondent workman under the Payment of Wages Act, 1936.

¶9

In view of the above, the present writ petition must succeed and is allowed . The order dated is 28.01.2022 is quashed.

¶10

It is further provided, the present order will have no

¶11

effect in any other proceedings that may have been instituted by the respondent workman for recovery of post award wages. Those proceedings, if instituted may stand on their own legs and may be decided on their own merit. Also, it however, remain open to the respondent to seek expeditious disposal of the same.

¶12

Order Date :- 9.5.2022 Abhilash

¶13

Digitally signed by ABHILASH SINGH Date: 2022.05.09 16:28:21 IST Reason: Location: High Court of Judicature at Allahabad

Management of United Spirits Limited v. Deputy Labour Commissioner U.P. and Another

Case brief

What is this about?

What did the court decide?

Management of United Spirits Limited v. Deputy Labour Commissioner U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Modi Distillery Vs State of U.P. and 3 Others

Punjab National Bank Vs Central Government Industrial Tribunal-Cum-Labour Court and 2 Others

Sharma Ultrasound Centre Sarvahit Hospital and 2 Others Vs State Appropriate Authority for Pc and Pndt (Appellate Authority) and 2 Others

Shashikant Gupta Vs State of U.P. and 3 Others

Komal Singh Vs State of U.P. and Another

Murari Lal Vs State of U.P. and Another