SUSHIL JOSEPH Vs. DEPUTY COMMISSIONER OF LABOUR-II

JUDGEMENT

(1.) The order dated 26.09.2008 passed in P.W.A.No.3 of 2007 on the file of the 1st respondent is sought to be quashed in the present writ petition.

(2.) The writ petitioner was the Ex-Director of the 3 rd respondent Company. The General Secretary of the Sangam /2nd respondent filed a petition under the Payment of Wages Act 1936, claiming wages for certain employees, who all are the members of the 2nd respondent Sangam. Though the Management filed a counter affidavit, they had not contested the case and subsequently, the petition was allowed and the Deputy Commissioner of Labour / 1st respondent passed an Award, granting wages to the members of the writ petitioner Sangam. Challenging the said award, the writ petitioner, who was the Ex- Director of the 3rd respondent company filed the present writ petition.

(3.) The learned counsel appearing on behalf of the 2nd respondent Sangam made a submission that the impugned order was passed by the 1st respondent Deputy Commissioner of Labour and authority under the Payment of Wages Act , 1936. Against the order passed by the original authority, an appeal is contemplated under Section 17(1) of the Payment of Wages Act, 1936. 17(1) of the said Act, which reads as under: