BARKET ALI Vs. DIVISIONAL MANAGER SFC DIVISION

JUDGEMENT

(1.) Petitioner, through the medium of the instant petition, filed under Article 226 of the Constitution of India has sought a writ in the nature of mandamus seeking quashment of judgment dtd. 3/6/2022 passed by learned Principal District Judge, Bhaderwah in an appeal filed by the respondent whereby appeal of the respondent has been allowed by setting aside the award passed on 26/11/2019 by the Authority under the Payment of Wages Act. Sr. No. 144

(2.) The brief facts of the case, which have been projected in the instant petition are that an award to the tune of Rs.503567.00 was passed by the authority under Payment of Wages Act by the Assistant Labour Commissioner Doda in favour of the petitioner against the respondent on account of delayed wages vide order dtd. 26/11/2019. The aforesaid appeal was preferred under Sec. 17 under the Payment of Wages Act by respondent on 30/12/2019 in the Court of learned District Judge, Bhaderwah. The appeal was accompanied by an application for condoning of delay under Sec. 5 of the Limitation Act was filed by the respondent.

(3.) The petitioner filed detailed objections to the maintainability of the said application seeking condonation of delay and a specific stand was taken by the petitioner before the learned Appellate Court that the appeal was filed beyond the period of limitation of 30 days and since there is no provision for condoning the delay under the Payment of Wages Act, which could enable maintainability of the said application for condoning the delay under the said Act. It was also urged before the learned trial Court that since the Payment of Wages Act has a complete mechanism for filing of such appeal under Sec. 17 of the Payment of Wages Act being a special legislation, the limitation act was excluded.