JUDGEMENT
-
(1.) Heard Miss. Bushra Maryam, Advocate for petitioner. On behalf of respondents Sri V.B. Singh, learned Senior Advocate assisted by Smt. Kirtika Singh, Advocate, advanced his argument, in part, on 25.08.2014, whereafter the case was directed to be listed on 03.09.2014 for further hearing, as agreed by learned senior counsel but on 03.09.2014 and 15.09.2014 consistently adjournment request on his behalf came which was accepted. Ultimately on 17.09.2014 though the case was called in revised but none appeared on behalf of respondents. In these circumstances, the Court closed the hearing, concluded argument and reserved judgment.
(2.) This writ petition has been filed by a workers union, namely, J.K. Cotton Mills Karamchari Audhyogik Utpadan Sahkari Samiti, seeking a writ of certiorari quashing the impugned order/notification dated 31.12.2008 (Annexure-11 to the writ petition). A writ of mandamus has also been sought commanding the respondents to make payment of wages pursuant to recovery certificates No. 3105, 3106, 3107, 3108, 3109, 3110, 3111, 3112, 3113, 3114, 3115, 3116, 3117, 3118, 3119, 3120, 3121, 3122, 3123, 3124, 3125 and 3126 dated 25.01.1991 issued under the provisions of U.P. Industrial Peace (Timely Payment of Wages) Act, 1978 (hereinafter referred to as the "Act, 1978").
(3.) By amendment allowed by this Court vide order dated 22.02.2011 two more prayers have been added as under:
(v) To issue a writ, order or direction in the nature of certiorari commanding the Respondent No. 4 to bring up the records of the proceedings dated 04.06.2008 passed in Case No. 81 of 1990 (Anenxure No. 6 to the writ petition) and get it quashed by this Hon'ble Court.
(vi) To issue a writ order or direction in the nature of certiorari commanding the respondent No. 1 to bring up the records of the notification dated 24.10.2008 having its reference as notification No. 955/36-20088 (S.M.)-92 and get it quashed by this Hon'ble Court.";
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.