Dismissed

J.V. Narasimhamurthy, v. The State of Andhra Pradesh

Andhra Pradesh HC27 Mar 2023WP/6683/2023

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition filed under Article 226 seeking enforcement of attachment and sale of properties under the Payment of Wages Act. The Court held that the matter was covered by its order in W.P. Nos. 6661 & 6677 of 2023 and directed the authority to initiate steps vigorously.

What did the court decide?

Directed the 2nd respondent to initiate steps under Section 15(5) of the Payment of Wages Act, 1936 within eight weeks.

J.V. Narasimhamurthy, Vs The State of Andhra… — Service and Employment | Andhra Pradesh HC (2023)

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION Nos. 6683 of 2023

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ORDER :

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This writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

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“…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 2^nd respondent in not deciding petitioners Application for enforcement in P.W.Case No.27 of 2021 on the file of 2^nd respondent for Attachment and sale of Properties of the 3^rd respondent on failure to deposit the amount as directed in P.W.Case No.27 of 2021 vide Order dated 04.02.2022 passed by 2^nd respondent as illegal, irregular, irrational and violative of the provisions of Section 15(3) of the Payment of Wages Act, 1936 amounts to non-discharge of legal obligation conferred on him and offends Articles 14, 21 and 300-A of Constitution of India and consequently to direct the 2^nd respondent to decide petitioner’s Enforcement Application in P.W.Case No.27 of 2021 in accordance with law by attachment and sale of 3^rd respondent’s properties …”

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Brief facts of the case is that, the petitioner Union has

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filed P.W. case No. 27 of 2021 before the 2^nd respondent claiming non payment of wages payable to 17 workers to the tune of Rs. 76,55,462/- under Section 15(3) of the Payment of Wages Act, 1936; in which, the 2^nd respondent has directed the 3^rd respondent to deposit an amount of Rs. 76,55,462/- along with one time of claim amount as compensation amounting to

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Rs. 76,55,462/-; totaling to Rs. 1,53,10,924/- only and submit DD before this authority within 30 days. As the petitioner was not paid the wages, the petitioner Union has filed an application for realization of due wages in P.W.case No. 27 of 2021 seeking attachment and sale of the properties of the 3^rd respondent on failure to deposit the amount. The office of the 2^nd respondent has received the same on 05.01.2023. As there is no response from the 2^nd respondent’s office, the present writ petition is filed.

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Today, when the matter came up for hearing, learned Government Pleader for Labour submits that the subject matter of this writ petition is squarely covered by subject matter in Writ Petition Nos.6661 & 6677 of 2023 which were disposed of by this Court on 24.03.2023 as under:

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“In view of the same, this Court feels it appropriate to dispose of these writ petitions directing the 2^nd respondent to initiate necessary steps as per the provisions under Section 15(5) of the Payment of Wages Act, 1936 as expeditiously as possible preferably within a period of eight (8) weeks from the date of receipt of a copy of this order.”

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In view of the above, this writ petition is also disposed of following the identical lines as was given in Writ Petition Nos.6661 & 6677 of 2023 dated 24.03.2023 with the following direction:

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“ In view of the same, this Court feels it appropriate to dispose of the writ petition directing the 2^nd respondent to initiate necessary steps as per the provisions under Section 15(5) of the Payment of Wages Act, 1936 as expeditiously as possible preferably within a period of eight (8) weeks from the date of receipt of a copy of this order ”.

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