- (1.) Heard Sri Shakti Swarup Nigam, teamed Counsel for the petitioner and Sri D.P. Singh learned Senior Advocate assisted by Sri Mangal Rai for respondent No. 2. The writ petition is directed against the order dated 25.2.2008 passed in P.W.A. No. 807 of 2006 and P.W.A No. 977 of 2006 as also the recovery dated 30.7.2008 issued in aforesaid P.W.A. cases. The facts giving rise to the present writ petition is that the respondent No. 2 was appointed by the petitioner company on 9.3.1989 and continued to work with the petitioner Company at NOIDA. Clause 7 of the appointment letter contains a condition for transfer of the respondent No. 2 to any part of the country i.e. in the sister concerns of the petitioner Company. Clause 7 of the appointment letter is reproduced as under:--
(2.) The respondent employee was transferred on 30.6.2006 from M/s. Salora International Ltd., B-52, NOIDA, Phase-II, Gautam Budh Nagar, Uttar Pradesh to sister Unit M/s. Salora Components Pvt. Ltd. E-7-8, Electronic Estate, G.I.D.C., Sector-26, Gandhi Nagar, Gujarat on the post of Driver. Instead of joining at the transferred place, the employee filed two claim petitions before the Prescribed Authority under the Payment of Wages Act at NOIDA, Gautam Budh Nagar, for payment of wages for the period of 1st July, 2006 to 31st July, 2006 and 1st August 2006 to 31st August, 2006. The claim petitions were registered as P.W.A. No. 804 of 2006 and P.W.A. No. 977 of 2006.
(3.) A preliminary objection has been raised by the petitioner with regard to the maintainability of the claim petitions. It was stated that the Prescribed Authority sitting at NOIDA had no jurisdiction to entertain the claim of the respondent employee.;