Magadh Precision Equipment Ltd. vs Vikes Kumar
2023 Latest Caselaw 20507 MP

Madhya Pradesh High Court

Magadh Precision Equipment Ltd. vs Vikes Kumar on 5 December, 2023

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      MP No. 7133 of 2023
                                           (MAGADH PRECISION EQUIPMENT LTD. Vs VIKES KUMAR)

                          Dated : 05-12-2023
                                Ms Kirti Patwardhan, learned counsel for the Petitioner .


                                Heard on the question of admission.
                                Issue notice to respondent on payment of process fee by RAD mode

within seven working days, failing which the present petition shall stand dismissed without further reference to the Court. Notices be made returnable

within four weeks.

The issue involved herein is whether u/S 17 of the Payment of Wages Act, 1936, the deposit of amount payable under the directions appealed includes the payment of penalty or not?

Learned counsel for the petitioner has placed reliance on the judgment passed in the case of Jeetu Bhai Motwani Vs. Lekhraj Namdeo in M.A. No. 935/2015 wherein similar issue has crept in and deposit of interest was considered and it was held that it is not necessary to maintain the appeal. The language of Section 30 of the Employees Compensation Act, 1932 is similar to

the language of Section 17 of the Payment of Wages, Act.

Also heard on I.A. No. 8732/2023, an application for stay. In view of the above, as an interim measure, it is directed that the appeal pending before the Industrial Tribunal shall not be dismissed for want of payment of penalty amount till the next date of hearing.

C.C. as per rules.

                            (S. A. DHARMADHIKARI)                                     (PRANAY VERMA)





                               JUDGE       JUDGE
                          sh