Allahabad High Court High Court

Zamal Akhtar vs State Of U.P. & Others on 6 January, 2010

Allahabad High Court
Zamal Akhtar vs State Of U.P. & Others on 6 January, 2010
Court No. - 6

Case :- WRIT - C No. - 70116 of 2009

Petitioner :- Zamal Akhtar
Respondent :- State Of U.P. & Others
Petitioner Counsel :- B.N. Pathak
Respondent Counsel :- C.S.C.

Hon'ble Arun Tandon,J.

The appeal filed by the petitioner under the Payment of Wages Act has been
dismissed on two grounds, (a) being barred by limitation, and (b) the requisite
amount of money as required under the provisions of Section 17 of the
Payment of Wages Act has not been deposited at the time of filing of the
appeal.

Learned counsel for the petitioner submits that the court below was not
justified in rejecting the appeal on the ground of delay. However, he conceded
that the requisite money had not been deposited at the time of filing of the
appeal.

Interest of substantial justice would be served, if the petitioner is permitted to
deposit requisite money with the appellate authority within two weeks from
today and if this is done, the present writ petition shall be considered by the
Court for admission after the deposit is made. In view of the aforesaid, let
requisite money be deposited by 22nd January, 2010.

Put up this matter on 25th January, 2010 as unlisted matter.

Order Date :- 6.1.2010
Sushil/-