LOTTE ELECTRONICS LIMITED Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT petition is filed assailing the order dated 06.02.2014 passed by Deputy Labour Commissioner as well as consequential recovery citation dated 06.03.2014. Undisputedly, on the application of Labour Union, of which Mr. Om Pal Singh, respondent no. 5, herein, is claiming himself to be the Legal Adviser, learned Deputy Labour Commissioner, Haldwani, was pleased to pass order under Section 3 of the U.P. Industrial Peace (Timely Payment of Wages) Act, 1978 (for short "Act, 1978").

(2.) THE sole question involved in the present writ petition is as to whether Labour Commissioner has any jurisdiction under Section 3 of the Act, 1978 to determine the amount and period of wages and to issue direction for recovery thereof.

(3.) IDENTICAL question has arisen in the case of M/s Rahman Exports Pvt. Ltd., Kanpur Vs. State of U.P. and others before the Allahabad High Court and the learned Single Judge of the Allahabad High Court was pleased to answer the question in negative. The judgment of the Allahabad High Court in the case of Rahman Export is reported in 2011 (2) ADJ 620 and paragraph 15 of the judgment reads as under: