SABIR AND BROTHERS Vs. RAJESH SEN AND ORS.

JUDGEMENT

(1.) Heard on the question of admission. This writ petition under Article 227 of the Constitution of India is at - the instance of the contractor challenging the order of the Labour Court dated 29-10-13 as also order of the Industrial Court dated 28-11-14 passed under the provisions of Payment of Wages Act, 1936 (for short "Act").

(2.) In brief, respondent No. 1/employee had filed an application under Section 15(2) of the Act claiming arrears of wages in which Labour Court after giving opportunity to the parties to lead evidence had passed the order dated 24th November, 2012 directing the petitioner and respondent No. 2 to pay the arrears of wages of Rs. 27,300/- to the employee for the period 5-1-11 to 5-6-11. An application under Order 9 Rule 13, CPC was filed by the petitioner and the Labour Court by order dated 29-10-13 had rejected the said application on reaching to the conclusion that petitioner, in spite of service of notice, had failed to appear and application under Order 9 Rule 13, CPC was filed belatedly. Against the order of Labour Court petitioner had preferred an appeal before the Industrial Court under Section 17 of the Act and by the impugned order dated 28-11-14, Industrial Court has rejected the appeal on the ground that petitioner had not deposited the requisite amount in terms of Section 17(1-A) of the Act.

(3.) Learned Counsel for petitioner has raised an issue that appeal was maintainable even without compliance of provision of Section 17(1-A) of Act.