U.P.S.R.T.C. vs State
2012 Latest Caselaw 740 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 26102 of 1992
 

 
Petitioner :- U.P.S.R.T.C.
 
Respondent :- State
 
Petitioner Counsel :- Rajiv Sharma,R.A. Gaur
 
Respondent Counsel :- S.C.,Tarun Agarwal
 

 
Hon'ble Sudhir Agarwal,J.

Called in revised, None appeared on behalf of the petitioner. However, I have perused the record.

The order impugned in this writ petition has been passed by the Prescribed Authority under the Payment of Wages Act. It found that petitioner-UPSRTC was guilty of withholding payment of wages of respondent-workman. Hence  delayed wages by way of compensation has  been awarded.

Learned counsel for the petitioner submits that there is no delay.  Learned counsel for the petitioner-corporation submits that there was no intention to delay the payment inasmuch the matter was pending before this Court in CM WP No. 3863 of 1991, and after it was finalised the payment was made. He admits, however,  that  the writ petition was ultimately dismissed.

The dismissal of the writ petition would mean as if  no interim order was ever passed and it would mean that  the   workman was not made payment when it was due.

Once it is admitted that the payment made to workman was delayed, the court below, in my view, was justified in awarding damages and there is no illegality or jurisdictional error in the order impugned.

The writ petition is dismissed.

Interim order, if any, stands quashed.

Order Date :- 24.4.2012

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