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Mohd. Arif S/O Saleem Qureshi Vs. Mirza Glass Works Through Its Principal Employer/Manager and ors. - Court Judgment

SooperKanoon Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Case NumberSpecial Appeal No. 884 of 2005
Judge
Reported in[2005(107)FLR129]
ActsPayment of Wages Act, 1936 - Sections 15(1) and 18; Court Rules - Rule 5; Industrial Disputes Act, 1947; ; Code of Civil Procedure (CPC) , 1908 - Sections 15(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 195; Constitution of India - Articles 226 and 227
AppellantMohd. Arif S/O Saleem Qureshi
RespondentMirza Glass Works Through Its Principal Employer/Manager and ors.
Appellant AdvocateY.S. Saxena and ;D.K. Kulshreshtha, Advs.
Respondent AdvocateV. Sahai, Adv. and ;C.S.C.
DispositionAppeal dismissed
Excerpt:
.....act to be performed by the executive and therefore, no mandamus can be issued by the court in exercise of its power under article 226 of the constitution, whether suo motu or otherwise, whether in public interest litigation or otherwise directing acquisition of land under the provisions of land acquisition act, 1894. it would, however, be open to the court in exercise of that power to invite the attention of the executive to any public purpose and the need for land for meeting that public purpose and to require the executive to take a decision, even a reasoned decision, with regard to the same in accordance with the statutory provisions, perhaps even within a reasonable time frame. however, the power of the court under article 226 must necessarily stop at that. thereafter, if the..........petition was filed against an order passed by prescribed authority against the appellant under the payment of wages act, 1936.2. chapter viii rule 5 of the rules of the court provides that special appeal shall not lie from a judgment of learned single judge passed in exercise of jurisdiction conferred by article 226/227 of the constitution in respect of any judgment, or order or award of a tribunal, court or statutory arbitrator.. chapter viii rule 5 of the rules of the court is extracted below:-[5. special appeal.- an appeal shall lie to the court from a judgment (not being a judgment passed in the exercise of appellate jurisdiction in respect of a decree or order made by a court subject to the superintendence of the court and not being] an order made in the exercise of revisional.....
Judgment:

Ajoy Nath Ray, C.J. and Ashok Bhushan, J.

1. A preliminary objection has been raised by counsel for the respondents that this special appeal is not maintainable in view of the fact that writ petition was filed against an order passed by Prescribed Authority against the appellant under the Payment of Wages Act, 1936.

2. Chapter VIII Rule 5 of the Rules of the Court provides that special appeal shall not lie from a judgment of learned single Judge passed in exercise of jurisdiction conferred by Article 226/227 of the Constitution in respect of any judgment, or order or award of a tribunal, Court or statutory arbitrator.. Chapter VIII Rule 5 of the Rules of the Court is extracted below:-

[5. Special appeal.- An appeal shall lie to the Court from a judgment (not being a judgment passed in the exercise of appellate jurisdiction in respect of a decree or order made by a Court subject to the Superintendence of the Court and not being] an order made in the exercise of revisional jurisdiction or in the exercise of its of Superintendence or in the exercise of criminal jurisdiction [or in the exercise of jurisdiction conferred by Article 226 or Article 227 of the Constitution in respect of any judgment, order or award (a) of a tribunal Court or statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any Uttar Pradesh Act or under any Central Act, with respect to any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution, or (b) of the Government or any Officer or authority, made or purported to be made in the exercise or purported exercise of appellate or revisional jurisdiction under any such Act of one Judge.]'

3. The question for consideration is as to whether the Prescribed Authority under the Payment of Wages Act, 1936 is a tribunal. Section 15(1) of the Payment of Wages Act, 1936 provides that the State government may, by notification in the Official Gazette, appoint the Presiding Officer of any Labour Court or Industrial Tribunal, or under any corresponding law relating to the investigation and settlement of industrial disputes or any Commissioner for Workmen's Compensation or other officer with experience as a Judge of a Civil Court to be authority to hear and decide all claims. Section 15(1) of the Payment of Wages Act, 1936 is extracted below:-

15. Claims arising out of deductions from wages or delay In payment of wages and penalty for malicious or vexatious claims.- (1) The State Government may, by notification in the Official Gazette, appoint [a presiding officer of any Labour Court or Industrial Tribunal, constituted under the Industrial Disputes Act, 1947 (14 of 1947), or under any corresponding taw relating to the investigation and settlement of industrial disputes in force in the State or] any Commissioner for Workmen's Compensation or other office with experience as a Judge of a Civil Court or as a stipendiary Magistrate to be the authority to hear and decide for any specified area all claims arising out of deductions from the wages, or delay in payment of wages, [of persons employed or paid in that area, including all matters, incidental to such claims:

4. Section 18 provides for powers of authorities appointed under Section 15 which is extracted be low:-

'18. Powers of authorities appointed under Section 15.- Every authority appointed under sub-section (1) of Section 15 shall have all the powers of a Civil Court under the Code of Civil Procedure; 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority shall be deemed to be a Civil Court for all the purposes of Section 195 and of [Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).]'

5. From a conjoint reading of Section 15(1) with Section 18 of the Payment of Wages Act, T936, it is clear that the authority empowered to decide claims arising out of deduction from wages is entrusted all the powers of Civil Court under the Code of Civil Procedure for the purposes of taking evidence and for attendance and compelling the protection of documents. Thus the said authority has trapping of Court and is a tribunal. Any order, thus, passed by authority under Section 15 of the Payment of Wages Act, 1936 is an order passed by tribunal. The special appeal being barred against an order of one Judge exercising jurisdiction under Article 226/227 of the Constitution arising out of a writ petition from an order of tribunal, the preliminary objection raised by counsel for the respondents has substance.

6. The appeal is barred under Chapter VIII Rule 5 of the Rules of the Curt and is dismissed as not maintainable.


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