STATE OF U P Vs. PRESIDING OFFICER AND ASSTT LABOUR COMMISSIONER
LAWS(ALL)-2003-4-250
HIGH COURT OF ALLAHABAD
Decided on April 30,2003

STATE OF UTTAR PRADESH Appellant
VERSUS
PRESIDING OFFICER AND ASSTT. LABOUR COMMISSIONER Respondents

JUDGEMENT

Rakesh Tiwari, J. - (1.) Heard the learned counsel for the parties and perused the records.
(2.) This writ petition has been filed by the State of U. P. challenging the validity and correctness of the orders dated 31.12.1993, and 31.7.1994, passed by the respondent No. 1 allowing the claim of respondents-workman Nos. 2 to 7 regarding payment of deducted wages and order dated 21.7.1994 rejecting the restoration application/recall application of the petitioner,
(3.) The facts giving rise to the present writ petition are that the respondents 2 to 7 were engaged on daily wage basis in the department/farm of the petitioner. They were not paid their wages with effect from December, 1992 to August 1993. The respondents filed claim application under Section 15 (2) read with Section 16 (2) of the Payment of Wages Act, 1936, before the respondent No. 1 praying that the authority may recover the deducted wages of the workers with ten times penalty and the same be paid to them. Notices were issued on 13.9.1993 to both the parties for appearance on 28.9.1993 before the Prescribed Authority, but none appeared on behalf of the petitioner, hence ex parte proceedings were initiated.;


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