Jammu & Kashmir High Court
Jammu Cooperative Wholesale Ltd vs Sham Lal And Others on 21 October, 2024
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
Serial No. 165
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 2519/2024
CM No. 6132/2024
CAV No. 1613/2024
Jammu Cooperative Wholesale Ltd. .....Appellant(s)/Petitioner(s)
Th. Tasbina Sheikh
Through: Mr. Anil Khajuria, Advocate.
vs
Sham Lal and others ..... Respondent(s)
Through: None.
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER
21.10.2024
ORAL
1. The petitioner has filed the present petition for assailing the order
dated 22.07.2024 passed by the respondent No. 2-Authority under the
Payment of Wages Act in case titled "Sham Lal vs. Jammu
Cooperative Wholesale Ltd. and Anr.", whereby the application
submitted by the respondent No. 1 under section 15 of the Payment of
Wages Act, 136 was allowed by the respondent No. 2.
2. The petitioner has assailed the order dated 22.07.2024 on the twin
grounds:
i. That the respondent No. 2 never had the jurisdiction to entertain
the application; and
ii. That the respondent No. 2 had no jurisdiction to pass the order
impugned, as the wages of the respondent No. 1 were beyond
the pecuniary limit prescribed under the Payment of Wages
Act.
3. On a specific query by this Court, learned counsel for the petitioner
has admitted that the statutory remedy of appeal was available to the
petitioner, but as there is jurisdictional error on part of the respondent
No. 2, therefore, the petitioner has availed the remedy under Article
226 of the Constitution of India.
4. The record depicts that the application filed by the respondent No. 1
was objected to by the petitioner, wherein no plea either with regard to
pecuniary limit or in respect of the jurisdiction of the respondent No. 2
to adjudicate the said application, was raised before the respondent
No. 2.
5. This Court had asked the learned counsel appearing for the petitioner
to avail the statutory remedy as available under law, but the learned
counsel for the petitioner has submitted that this Court may pass any
order. Learned counsel for the petitioner has placed reliance upon the
judgment of Hon'ble the Supreme Court in case titled "M/s Godrej
Sara Lee Ltd. Vs. The Excise and Taxation Officer-Cum-Assessing
Authority and others".
6. In view of the fact that no plea in respect of jurisdiction has been
raised by the petitioner before the respondent No. 2, it appears that the
statutory remedy of appeal under the Payment of Wages Act is being
intentionally bypassed by the petitioner through the medium of the
instant petition just to hide its own negligence in respect of not
objecting to the jurisdiction of the respondent No. 2.
7. In the judgment titled "M/s Godrej Sara Lee Ltd. Vs. The Excise
and Taxation Officer-Cum-Assessing Authority and others" relied
upon by the learned counsel for the petitioner, the proceedings
initiated suo moto by the Revisional Authority were challenged
without availing the remedy of appeal through the medium of writ
petition, which is not the case herein. The judgment is distinguishable
on facts, as such, is not applicable in the present facts and
circumstances of the case.
8. Viewed thus, this Court is of the considered view that the instant
petition is misconceived and the same is dismissed along with the
connected application. However, it shall not preclude the petitioner
from availing statutory remedy of appeal before the Appellate
Authority in terms of Section 17 of the Act (Supra).
(RAJNESH OSWAL)
JUDGE
Jammu
21.10.2024
Sahil Padha
Whether the order is speaking: Yes/No.
Whether the order is reportable: Yes/No.
