UMRAO Vs. AUTHORITY UNDER PAYMENT OF WAGES ACT

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on February 11, 1992 with a prayer that by an appropriate writ, order or direction, the impugned order dated January 9, 1992 (Annexure 3) passed by the respondent No. 1 (Authority under the Payment of Wages Act) by which the learned Authority (respondent No. 1) came to the conclusion that respondent No. 2 (Jagdish) had made the payment to the petitioner and therefore, dropped the recovery proceedings, be quashed and set aside.

(2.) THE facts as put forward by the petitioner are as under:

(3.) THE petitioner has challenged the order dated January 9, 1992 (Annexure 3) passed by the respondent No. 1 and the main ground is that no payment was ever made by respondent No. 2 either to the petitioner or his counsel and the receipt which was filed by respondent No. 2 (Jagdish) is forged one as he did not put his signatures on it and the same was undated also and without making enquiry as to whether the receipt in question was executed by the petitioner or his counsel or not, dropping of recovery proceedings by respondent No. 1 through order dated January 9, 1992 (Annexure 3) was without jurisdiction and, therefore, the order dated January 9, 1992 (Annexure 3) passed by respondent No. 1 be quashed and set aside.