PHOOL CHAND Vs. ASSISTANT LABOUR COMMISSIONER, LUDHIANA

JUDGEMENT

(1.) The present writ petition is a classic example of how litigants try to abuse the process of Court. The petitioner seeks a writ in the nature of Mandamus directing the Assistant Labour Commissioner-Controlling Authority under the Payment of Wages Act, Ludhiana (hereinafter 'the respondent') to clarify by whom the petitioner had been paid the amount of wages of annual leave when there are no orders passed by respondent directing the management to pay such amount.

(2.) The case of the petitioner is that he is working with M/s Mohan Dai Oswal Cancer Treatment and Research Foundation, Ludhiana (hereinafter 'the management'). He filed a case on 28.01.2011 for recovery of Rs.13,377/- on account of wages in lieu of annual leave which was not availed by him. Contention of the petitioner is that though the case was adjourned so many times but the respondent did not pass any order directing the management to pay the amount. However, he received the amount in installments i.e. Rs.4000/- on 16.01.2012, Rs.4000/- on 6.2.2012, Rs.2000/- on 13.2.2012 and remaining amount of Rs.3377/- on 9.11.2012. Petitioner claims that the entire amount has been paid by the respondent from his own pocket as there are no orders passed directing the management to pay the same.

(3.) The petitioner has also filed an application dated 9.11.2012 before the respondent for clarification whether the amount had been paid by the respondent and in which capacity as there are no orders on the file directing the management to pay the amount to the petitioner.