- (1.) Heard learned counsel for the petitioner and Sri Anil Kumar Pandey, learned counsel for the contesting respondents workmen respondent nos. 2 to 7.
(2.) Respondents no.2 to 7, Devnath and others and one Sadik filed a claim petition under Section 15 of Payment of Wages Act against petitioner no.2, Foreman Loco Shed N.E. Raiwlay Mau (opposite party no.2 therein) and respondent no. 8, Bhartiya Jeevak Shram Samvida Sahkari Samiti Ltd. Mau described as Raj Nath Sukla Secretary Bhartiya Jeevak Sharam Samvida Sahkari Samiti Limited Mau (opposite party no.1 therein). The case of the applicants was that even though they had been engaged by respondent no.8, the contractor but they were in fact the employees of petitioner no.2 and wages for certain period had not been paid to them. Rajnath Shukla Secretary of respondent no.8 was opposite party no.1 and petitioner no.2 was opposite party no.2 in the claim case which was registered as case no. PW 24 of 1996 Devnath Ram and sons Vs. Raj Nath Shukla and another. The authority under payment of wages Act/Deputy Labour Commissioner Azamgarh Mau decided the case on 14.2.2003 directing payment of Rs.3600/- as unpaid wages along with equal amount as damages to each of the 7 workmen total amount comes to Rs.50,400/-.
(3.) Against the said order petitioners filed appeal registered as miscellaneous appeal no.13 of 2003 under Section 17 of the Act before District Judge Mau which was transferred to A.D.J. Court no.1 Mau. In the appeal petitioner appellant filed an application on 26.5.2004 mentioning therein that from the endorsement of the postman on the notice which was sent to respondent no.3 in the appeal it transpired that respondent no.3, Raj Nath Shukla had died thereafter inquiry was made and it was found that he had died on 11.5.2001. The 1st A.D.J. Mau through order dated 25.2.2006 rejected the substitution application holding that Section 5 Limitation Act did not apply to appeals under Section 17 of Payment of Wages Act. The said order has been challenged through this writ petition.;