Allowed

M/S Xionn Services Pvt. Ltd. and Another v. Prescribed Authority Under the Payment of Wages Act and Assistant Labour Commissioner and Another

Allahabad HC11 Jul 2024A227/8172/2024

Case brief

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What is this about?

The High Court exercised supervisory jurisdiction under Article 227 to grant the petitioner 30 days to submit a certificate of deposit as required under Section 17(1A) of the Payment of Wages Act, 1936, to maintain its appeal against an ex-parte award. Interim protection against recovery was granted for this period.

What did the court decide?

30-day extension granted to submit certificate of deposit under Section 17(1A) of the Payment of Wages Act, 1936; interim protection from recovery granted for the said period.

M/S Xionn Services Pvt. Ltd. and Another vs… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:120744

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Court No. - 51

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Case :- MATTERS UNDER ARTICLE 227 No. - 8172 of 2024

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Petitioner :- M/S Xionn Services Pvt Ltd And Another Respondent :- Prescribed Authority Under The Payment Of Wages Act And Assistant Labour Commissioner And Another Counsel for Petitioner :- Prathamesh Upadhyay

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Hon'ble Neeraj Tiwari,J.

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1. Heard learned counsel for the petitioners.

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Learned counsel for the petitioners submitted that an ex-parte award dated 28.10.2023 has been passed against the petitioner to deposit Rs. 3,82,361/-, against which, petitioner filed restoration/recall application dated 05.02.2024, which was rejected vide order dated 23.04.2024. He next submitted that against the order dated 28.10.2023 and 23.04.2024, petitioner has filed Civil Misc. Appeal No. 113 of 2024 under Section 17 of the Payment of Wages Act, 1936(hereinafter, referred to as, 'Act, 1936'). He next submitted that Section 17 (1A) of the Act, 1936 provides that no appeal under clause (a) of sub-section (1) shall lie unless the memorandum of appeal is accompanied by a certificate by the authority to the effect that the appellant has deposited the amount payable under the direction appealed against. He further submitted that as petitioner is a firm, which is not working properly, therefore, it could not deposit the amount so awarded vide ex-parte order dated 28.10.2023. He further submitted that a month's time may be granted to deposit the awarded amount and a direction may be issued to Civil Judge(Senior Division), Gautam Buddh Nagar to decide the interim application dated 23.05.2024 in Civil Misc. Appeal No. 113 of 2024 expeditiously.

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Under such facts and circumstances of the case, petition is disposed of with direction to petitioner to submit the certificate regarding deposit of amount so awarded as required under Section 17 (1A) of the Act, 1936, maximum within 30 days from today.

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It is made clear that in case any such certificate is not submitted within the period granted by this Court, Civil Judge(Senior Division), Gautam Buddh Nagar (appellate court) is free to proceed in the appeal in accordance with law. For a period of 30 days from today, no recovery shall be made against the petitioner.

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It is again made clear that if certificate is not submitted within the period granted by this Court, interim protection granted by this Court shall stand vacated and appellate court shall proceed in accordance with law.

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Order Date :- 29.7.2024 ADY

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Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad

M/S Xionn Services Pvt. Ltd. and Another v. Prescribed Authority Under the Payment of Wages Act and Assistant Labour Commissioner and Another

Case brief

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M/S Xionn Services Pvt. Ltd. and Another v. Prescribed Authority Under the Payment of Wages Act and Assistant Labour Commissioner and Another

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