- (1.) Heard Sri Chandra Bhan Gupta, the learned counsel for the petitioner, Sri Jamal Khan, the learned counsel for the respondent-workman and the learned Standing Counsel for the State.
(2.) The employer took a decision to lay off its workers on 30th August, 2012. This created an industrial unrest. Five representatives of the workers filed an application under Section 3 of the U.P. Industrial Peace (Timely Payment of Wages) Act, 1978 (hereinafter referred to as the Act of 1978) praying that the wage bill for the month of February, March, April and May be realized from the employer as they have not been paid the wages. The Additional Labour Commissioner, who is the authority under the Act of 1978 issued notices requiring the employer to show cause as to why the amount should not be recovered. The employer submitted their reply and contended that they have laid off their workers in accordance with the provisions of the U.P. Industrial Disputes Act. The employer further submitted that lay off was not a wage within the meaning of the word "wages" as defined under the Act of 1978 or under the Payment of Wages Act or under the Industrial Disputes Act and, consequently, no recovery can be made. The Additional Labour Commissioner, after considering the matter, passed the impugned order, directing the Collector to recover a sum of Rs.86,15,436/- towards the wages bill for the month of February 2012. Similar orders were passed for the month of March, April and May 2012. The petitioner, being aggrieved, by the said orders have filed separate writ petitions which have been clubbed and are being decided together.
(3.) The learned counsel for the petitioner submitted that the amount sought to be recovered is disputed. The workers were laid off and they have not earned any wages and, therefore, no recovery could be made under Section 3 of the Act of 1978. The learned counsel submitted that where the amount was disputed, no recovery could be made. In support of his submissions, the learned counsel has placed reliance upon various decisions, which will be referred hereinafter.;