GULMARG HOTEL Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the petitioner and the learned standing counsel for the contesting respondents.

(2.) The petitioner, by means of present writ petition under Article 226 of the Constitution of India, has challenged the order passed by the Deputy Labour Commissioner dated 22nd December, 2000, copy whereof is appended as Annexure-1 to the writ petition, whereby the Deputy Labour Commissioner has issued a certificate for recovery being Case No. 26 of 2000 under the provisions of the Uttar Pradesh Industrial Peace (Timely Payment of Wages) Act, 1978.

(3.) The facts leading to the filing of present writ petition are that the petitioner-employer received a notice from the aforesaid authority under the provisions of the Uttar Pradesh Industrial Peace (Timely Payment of Wages) Act, 1978 (U.P. Act No. 5 of 1978), which shall hereinafter be referred to as the 'Act', to the effect that the outstanding wages, which have not been paid to the employees/workmen of the establishment, are amounting to more than Rs. 60,000, therefore, the petitioner-employer was asked to show cause as to why the recovery under the provisions of the aforesaid Act for Rs. 60,819.76 may not be issued as arrears of land revenue. The petitioner-employer submitted a reply/objection to the aforesaid notice and has stated therein that nine employees, mentioned in the reply submitted by the petitioner, are absconding and out of total 22 employees, eight employees have been paid their wages and that the amount, which is now to be paid, is less than 50,000 thus the provision of the Act has incorrectly been applied because the grievance, if any, of the employees/workmen concerned can only be agitated under the appropriate forum of law, as they are not remedy less.