ANIL KUMAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties. Counsel for the parties agree that the writ petition may be finally disposed at this stage 5 without calling for a counter affidavit specifically in view of the order proposed to be passed today.

(2.) PETITIONER Anil Kumar Yadav made. three applications under the provisions of payment of Wages Act alleging therein that the employers Imperial Cinema have not made payment of wages for the period mentioned in the applications. The applications were numbered as PWA-1 of 1995, PWA-2/1995 and pwa-3/1995. The Prescribed Authority under the Act vide order dated July 15, 2003 held that the applications made were liable to be allowed and, therefore, directed payment of withheld 2 wages along with interest thereon and penalty.

(3.) AGAINST this order of the Prescribed authority, the employers Imperial Cinema filed an appeal under Section 17 of the Payment of the Wages Act. The Additional District Judge, moradabad/appellate Authority under the impugned order dated July 12, 2007 has allowed the appeal filed by the employers only after recording that the provisions of Payment of Wages Act are not applicable insofar as the cinema Halls are concerned and, therefore, the applications made by the petitioner could not have been entertained.