Uttarakhand High Court
WPMS/2864/2025 on 9 October, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes,
reports, orders or
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Date COURT'S OR JUDGES'S ORDERS
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WPMS No.2864 of 2025
Hon'ble Pankaj Purohit, J.
Mr. Akshay Pradhan, Advocate for the petitioner.
2. This writ petition has been filed by the petitioners
under Article 227 of the Constitution of India, seeking the
following reliefs:
"a) Issue a writ, order, or direction in the nature of
mandamus, commanding the Court of Authority under the
Payment of Wages Act, 1936 / Assistant Labour
Commissioner, Rishikesh, Court Compound, Rishikesh,
Dehradun, to forthwith decide the petitioner's execution
application dated 21.04.2025 and/or take immediate steps
for recovery of ₹2,97,000/- in pursuance of the final order
dated 31.01.2025 passed in Case No. P.W.A. 04/2021;
b) Issue a writ, order, or direction to the Court of
Authority under the Payment of Wages Act, 1936 /
Assistant Labour Commissioner, Rishikesh, Court
Compound, Rishikesh, Dehradun, to ensure disbursement
of the awarded amount of ₹2,97,000/- to the petitioner
along with interest as permissible in law."
3. In substance, the petitioner seeks a direction to the
respondent-Assistant Labour Commissioner, Rishikesh,
where the execution application moved by the petitioner is
pending, and prays for its expeditious disposal.
4. It is the case of the petitioner that he was employed as
a driver by the respondent-Sunil Kumar. A dispute arose
between them regarding non-payment of wages, whereupon
the petitioner filed an application before the learned
Assistant Labour Commissioner, Rishikesh, under Section
15 of the Payment of Wages Act, 1936, seeking
determination and payment of his wages.
5. The said application was allowed by the learned
Assistant Labour Commissioner, Rishikesh, by a judgment
and order dated 31.01.2025, whereby the respondent-
employer was directed to pay a sum of ₹2,97,000/- to the
petitioner-workman by way of a demand draft in the court
of the Assistant Labour Commissioner, Rishikesh, within 30
days.
6. However, the said order has not been complied with.
Instead, an application purportedly under Order IX Rule 13
CPC was filed by the respondent-employer before the
learned Assistant Labour Commissioner, Rishikesh, seeking
to set aside the order on the ground that it was passed ex
parte.
7. Learned counsel for the petitioner submits that no
interim order has been passed in the said application filed
by the respondent-employer.
8. The petitioner-employee filed an execution application
before the said Authority on 21.04.2025. However, even
after almost six months, no notice has been issued to the
respondent-employer on the said application.
9. No progress has been made on the execution
application, and even the petitioner has not been issued a
copy of the order sheet of the said proceedings.
10. In view of the fact that the statute itself provides for
disposal of applications under the Payment of Wages Act,
1936, within a period of three months, this Court cannot
turn a blind eye to the execution application pending for
over six months.
11. In the light of the above reasons, the writ petition is
allowed.
12. The learned Assistant Labour Commissioner,
Rishikesh, is directed to decide the petitioner-workman's
execution application dated 21.04.2025 expeditiously, and
in any case not later than one month from the date of
production of a certified copy of this order.
(Pankaj Purohit, J.)
09.10.2025
SK
