DEV. PULWAMA Vs. BILAL AHMAD BHAT AND ORS.

JUDGEMENT

(1.) This writ petition is directed against the order dated 31.01.2015 passed by the Authority under Payment of Wages Act (Assistant Labour Commissioner, Pulwama), [for brevity 'Authority'] in a claim petition filed by Respondent No. 1 titled Bilal Ahmad Bhat v/s. Assistant Commissioner Development, Pulwama, in terms whereof it was held that the labour/services of the respondent were utilized by the petitioner -department from December, 1988 to July, 2013 and his unpaid wages were calculated to be Rs. 7,54,600/ - and accordingly, it was directed that the Block Development; Officer, Kakapora, shall arrange for the payment of delayed wages amounting to Rs. 7,54,600/ - and deposit the same in the court for disbursement to the respondent within a period of one month. The petitioners have invoked the writ jurisdiction of this Court under Article 227 of the Constitution of India read with Sec. 104 of the Constitution of Jammu and Kashmir for issuance of a writ of certiorari for quashing the order dated 31.01.2015 passed by the Authority. The factual matrix of the case may briefly be adverted to Respondent No. 1 filed a claim petition under Sec. 15 of the Payment of Wages Act, 1936, before the Authority on the ground that he has worked in the Rural Development Department, Government of Jammu & Kashmir, and his wages from December, 1988 to July, 2013 have not been paid till the filing of the claim petition, i.e., 04.09.2013. On consideration of the matter, the Authority in terms of order dated 31.01.2015 after framing the issues, directed the Block Development Officer, Kakapora, to arrange for the payment of delayed wages amounting to Rs. 7,54,600/ - and directed to deposit the same with the Authority for its disbursement to the Respondent No. 1 within a period of one month stipulated therein together with the interest in terms of Sec. 15(5) of the Payment of Wages Act, 1936. Feeling aggrieved, the petitioners have filed the writ petition under Article 227 of the Constitution of India for setting aside the order dated 31.01.2015 passed by the Authority in the aforesaid claim petition.

(2.) Respondent No. 1 has filed the detailed reply and has contested the averments made in the writ petition. It is pleaded that the writ petition is not maintainable as the writ petitioners have not availed an alternative and equally efficacious remedy in terms of Sec. 17 of the Payment of Wages Act by preferring an appeal and this petition has been filed to avoid the compulsory deposit as required under Sec. 17 of the Payment of Wages Act as the petitioners have neither deposited the award amount nor obtained certificate in terms of Sec. 17 of the Act.

(3.) I have heard learned counsel for the parties at length and considered the matter.