FOOD CORPORATION OF INDIA Vs. SPECIAL JUDGE DISTT AND SESSIONS JUDGE
LAWS(ALL)-1997-4-35
HIGH COURT OF ALLAHABAD
Decided on April 08,1997

FOOD CORPORATION OF INDIA Appellant
VERSUS
SPECIAL JUDGE, DISTT. AND SESSIONS JUDGE Respondents

JUDGEMENT

B.M. Lal, J. - (1.) This writ petition under Article 226 of the Constitution is filed by the Food Corporation of India through the Distt. Manager, Food Corporation of India, Agra (for short F.C.I.) challenging the judgment passed by the Special Judge/Distt. & Sessions Judge, Aligarh, the respondent No. 1, dated March 27, 1985 awarding wages and the order dated March 28, 1987 passed by the Authority acting under the Payment of Wages Act (contained in Annexures 2 and 4 respectively) in favour of the respondent No. 3, Shashi Kant Chaturvedi and against the F.C.I.
(2.) Learned counsel for the petitioner contended that the F.C.I. is neither factory nor industry nor establishment as specified in Section of 2(ii) (a to g) of the Payment Wages Act. Therefore, the application as framed and filed before the authorities claiming wages under the Payment of Wages Act was not maintainable and the respondents 1 to 2 have committed error of law in awarding the payment in favour of respondent No. 3.
(3.) Before proceeding to deal with the merits of the case it has to be kept in mind that the Payment of Wages Act is enacted to ensure justice to both the employers and employees so as to advance the progress of the undertakings and to keep harmony and create cordial relations between them and therefore, in such matters doctrine of social justice which is founded on the ideology of social and economic equality, is of paramount considerations. Thus the Payment of Wages Act, being a social legislation, is to be construed in such a manner so as to achieve the main object of the Act. In this back drop, the relevant provisions of the Payment of Wages Act involved in the instant case, are to be examined and construed so as to harmonise the relationship between the employer and employees.;


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