INDIAN OXYGEN SHRAMIK SANGH Vs. ADDITIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) This writ petition and connected writ petition No. 11967 of 1991 (Indian Oxygen Shramik Sangh v. The Additional Labour Commissioner and Ors.) as well as Writ Petition No. 3010 of 1991. (IOL Limited v. State of V.P. and Ors.) are being disposed of by a common judgment.

(2.) I have heard Shri S.N. Verma, Shri Prabhat Mukerji, and Shri Prem Chandra, learned counsel for the petitioner and Shri J.N. Tewari and Shri Rakesh Tewari, learned counsel for the respondents and have perused the counter and re joinder-affidavits and I am disposing of the same finally.

(3.) The Writ Petition No. 4206 of 1991 is directed against a show cause notice dated February 15, 1991 issued by Additional Labour Commissioner, Kanpur on the application of the respondent No. 3 Union for payment of Rs. 2,91, 178.82 as wages under the U.P. Industrial Peace (Timely Payment of Wages) Act, 1978 (hereinafter referred to as the 1978 Act.) A true copy of the said notice dated February 15, 1991 is Annexure-1 to the writ petition. The said notice has been issued on the application of the Union purporting to be on behalf of its workmen. True copies of the said application and affidavit are Annexure-2 to the writ petition.