Smt. Sita Devi And Ors vs Om Prakash Sharma
2021 Latest Caselaw 11121 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8451/2015 Smt. Sita Devi And Ors

----Petitioner Versus Om Prakash Sharma

----Respondent

For Petitioner(s) : None present For Respondent(s) : -

JUSTICE DINESH MEHTA Judgment 19/07/2021

1. Though the present writ petition was filed on 04.08.2015,

the matter has not been argued for admission for last six years.

2. Today also, learned counsel for the petitioners is not present.

3. Hence, instead of adjourning the matter, this Court

proceeded to peruse the record and examine the case on merits.

4. Petitioners, being legal representatives of Late Shri Kishan

Lal, who was working under respondent, have challenged the

order dated 01.10.2012 passed by the Payment of Wages

Authority, as affirmed by learned District Judge, Udaipur vide its

order dated 19.05.2015.

5. The relevant facts are that petitioners had filed a petition

under Section 15 (2) of Payment of Wages Act, 1936 (hereinafter

referred to as the 'Act of 1936') and claimed a sum of Rs.68,700/-

being 15 months' salary due to their propositus, namely Shri

Kishan Lal - who used to work for respondent.

6. Learned Payment of Wages Authority, after appreciation of

evidence on record, has held the application to be time barred

(2 of 2) [CW-8451/2015]

while also holding that no amount was due to the deceased -

employee.

7. In an appeal filed against the said order, the Appellate

Authority, the District Judge, Udaipur after appreciation of the

evidence has found that Late Shri Kishan Lal had received the

amount, as was evident from Articles 1 & 2, which bear his

signatures.

8. It is also recorded by the learned District Judge that on the

basis of record no salary/wages was due to be paid to the

deceased - employee. The claim lodged by the petitioners was

also found to be beyond the prescribed period of limitation.

9. Having perused the material available on record, this Court

finds that both the Authorities below have recorded a finding of

fact that Kishan Lal - the deceased employee had received the

amount towards due wages and had given receipts in this regard.

10. It was also recorded by the learned District Judge that the

claimants had neither disputed the receipts produced by the

respondent nor had they sought any opportunity of cross-

examination.

11. Since petitioners' claim has been rejected on the basis of

material and evidence available on record and both the Authorities

have concurrently found that the deceased - employee - Kishan

Lal has received his due wages, this Court does not see any

reason to interfere in its supervisory jurisdiction under Article

226/227 of the Constitution of India.

12. The writ petition, therefore, fails.

(DINESH MEHTA),J

136-A.Arora/-

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