Court No. - 3 Case :- MISC. SINGLE No. - 233 of 2010 Petitioner :- M/S Indo Gulf Industries Ltd. (Sugar Unit) Gonda Through Respondent :- State Of U.P.Through Prin. Secy. Labour Civil Sectt. Lko. Petitioner Counsel :- Vimal Mishra Respondent Counsel :- C.S.C. Hon'ble Shri Narayan Shukla,J.
Notices on behalf of opposite parties 1 to 4 have been accepted by learned
Chief Standing Counsel.
Issue notice to opposite party No.5.
List after service report.
The petitioners are aggrieved with the orders passed by the opposite party
No.4, on the ground that the orders impugned are without jurisdiction as the
opposite party No.5 being individual workman has no right to raise the
dispute of payment of wages under the U.P.Industrial Peace (Timely Payment
of Wages) Act, 1978. In support of his submission he cited a case decided by
the Hon’ble Supreme Court i.e. Hotel and Restaurant Karamchari Sangh
and M/s.Gulmarg Hotel and others reported in 2006 (110) FLR 617. In
the aforesaid case the Hon’ble Supreme Court has held that the Act is not
meant to provide a remedy for the default in payment of wages of individual
workmen with the observations that for the said cases there is a Payment of
Wages Act and this Act does not supplant or substitute the Wages Act but
supplements the said Act, in the limited area.
Considering the observations of the Hon’ble Supreme Court I hereby stay the
recovery proceedings initiated against the petitioners pursuant to the orders
impugned. However, the opposite party No.5 is at liberty to raise his claim
under the Payment of Wages Act.
Order Date :- 22.1.2010
Banswar