M/S Regitoflex Dynamics Pvt. Ltd ... vs Authority. Payment Of Wages Act ...
2013 Latest Caselaw 5749 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- WRIT - C No. - 49432 of 2013
 

 
Petitioner :- M/S Regitoflex Dynamics Pvt. Ltd And Another
 
Respondent :- Authority. Payment Of Wages Act And 8 Others
 
Counsel for Petitioner :- Alok Mishra,A.K. Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Arvind Kumar Tripathi,J.

Heard learned counsel for the petitioner, learned Standing Counsel and perused the record.

By means of the present writ petition, the petitioner has challenged the impugned order dated 21.5.2013 and 6.8.2013 (annexure-1 & 2 to the writ petition) by which the respondent no.1 passed the award to  pay the bonus under the Payment of Wages Act, 1936 and issued notice for realisation of the amount.

Learned counsel for the petitioner submitted that the bonus is not covered under the definition of the Wages under section 2(VI) as the same is excluded. Apart from that, subsequently the payment of bonus Act was enacted as such the respondent no.1 without authority passed the impugned award for payment of bonus under the Payment of Wages Act and as such impugned  is  arbitrary, illegal  and without jurisdiction  and the same is  liable to set aside.

Learned Standing Counsel opposed the aforesaid prayer and submitted that the present petition is not maintainable as the petitioner has alternative remedy of statutory appeal under section 17 of the Payment of Wages Act.

Considered the submissions of counsel for the parties.

In view of the section 17 of the Payment of Wages Act, 1936 the  remedy of the appeal has been provided against the order passed under section 15  of  the said Act. Whether claim petition of the respondent nos.2 to 9 were maintainable under the Payment of Wages Act  and  whether the order has been rightly passed or not, that can be examined by the appellate authority. If any appeal is preferred on behalf of the petitioner within two weeks from today, the appellate authority will consider the same and decide it on merit in accordance with law. The appellate authority is also expected to consider the application for interim order to stay the recovery proceeding during the pendency of the proceeding.

With the aforestated  observation and direction the present petition is  finally disposed off.

Order Date :- 12.9.2013

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