MUKESH Vs. PRESCRIBED AUTHORITY PAYMENT OF WAGES ACT

JUDGEMENT

(1.) Heard learned Counsel for the Appellant and the learned Counsel for the State.

(2.) The Appellant herein was the original Petitioner in the petition pending before this Court. He was also one amongst 14 employees who had moved an application before the Prescribed Authority, Payment of Wages Act, 1936. The Authority after following the procedure proceeded ex-parte and by an order dated December 19, 2009 allowed the claim of the Appellant and 39 others for the amount set out therein. Subsequent thereto the Authority considering the provisions of Section 15(5-B) applied to the Magistrate for recovery of the amount directed to be paid and the fine imposed thereunder.

(3.) Accordingly, the recovery was set into motion with a request by the Assistant Labour Commissioner to the District Magistrate on April 9, 2010.