SAHARA INDIA Vs. STATE OF UP

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India seeks issuance of a writ in the nature of certiorari for quashing of impugned orders dated 14.12.2017 and 09.02.2018 passed by respondent No.2 (Dpy. Labour Commissioner/ Prescribed Authority under U.P. Industrial Peace (Timely Payment of Wages) Act, 1978 (hereinafter referred to as the 'Act, 1978').

(2.) An application was moved by one Shri Rishi Kumar Trivedi claiming himself to be the President of Sahariyan Kamgar Sangthan, Lucknow, U.P. through the General Secretary, Hind Majdoor Sabha, U.P., Lucknow on behalf of 159 workmen before the Prescribed Authority under the Act, 1978 stating therein that the employers of Sahara India, a registered partnership firm, Lucknow U.P. had not paid wages to these workmen from December, 2014 till March, 2015 and, after, since April, 2015 the employers had not paid full wages to these workmen, rather they had been paid token amount. Instead of making payment of the wages for the aforesaid period, the employers were harassing the employees/workmen which had resulted in apprehension of breach of industrial peace. It was further stated that Shri O.P. Srivastava, Deputy Managing Worker, Sahara India Ltd. and Shri A.K. Srivastava, Executive Director, Sahara India Ltd. were responsible for making payment of wages to the aforesaid workmen. Along with the application, a list of 159 workmen was also enclosed giving details of the names of the workers, their employees code and arrears of wages claimed.

(3.) On receipt of the said application, the Additional Labour Commissioner, Lucknow Region, Lucknow issued a notice to Shri O.P. Srivastava and Shri A.K. Srivastava requiring them to show cause as to why for non-payment of wages, recovery certificate should not be issued under Section 3 of the Act, 1978. Notice also required Shri O.P. Srivastava and Shri A.K. Srivastava to submit necessary information in form-III appended to the Uttar Pradesh Industrial Peace (Timely Payment of Wages) Rules, 1981 (herein after referred to as ''the Rules, 1981").