NATIONAL TEXTILE CORPORATION, U.P. KANPUR Vs. PRESCRIBED AUTHORITY UNDER THE PAYMENT OF WAGES ACT, U.P., KANPUR AND OTHERS

JUDGEMENT

(1.) The petitioner is aggrieved by an order passed by the Prescribed Authority under the Payment of Wages Act, 1936 and Regional Conciliation Officers, U.P., Kanpur under Sec. 15 of the aforesaid Act. By the impugned order the Prescribed Authority has ordered the petitioner to pay difference of wages to its thirty employees. There is no dispute that the order passed by the Prescribed Authority is appealable order under Sec. 17 of the Act.

(2.) In have heard Sri Devendra Pratap, learned counsel for the petitioner, and Mr. Devendra Pratap Singh, learned counsel appearing for the respondents - employees. Counsel for the petitioner urged that the order passed by the Prescribed Authority is ex facie bad inasmuch as the respondents were not the employees of the Corporation and for which they could raise an industrial dispute before the Labour Court. In my opinion the order passed by the Prescribed Authority is neither without jurisdiction nor in violation of the principles of natural justice. In view of the aforesaid facts no interference is called for by this Court under Art. 226 of the Constitution of India.

(3.) Since the petitioner has an adequate statutory alternative remedy of filing an appeal under Sec. 17 of the Act, the petition is not maintainable and is accordingly rejected. The interim order dated 13.11.1987 is vacated.