Neutral Citation No. - 2025:AHC:36468 Court No. - 33 Case :- WRIT - C No. - 35508 of 2024 Petitioner :- Ashok Kumar Mishra Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Manish Kumar Pandey,Pulkit,Rishabh Kumar Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. In compliance of order dated 11.3.2025, the respondent no.2- Deputy Labour Commissioner, Azamgarh Region, Azamgarh is present along with the records. Learned Standing Counsel submits that the order for production of the record was communicated to the respondents by e-mail. However, the e-mail address did not belong to the department concerned as such the department could not be communicated. The cause shown for non-production of record is sufficient. Accordingly, the presence of respondent no.2-Deputy Labour Commissioner, Azamgarh Region, Azamgarh is hereby dispensed with. The writ petition is filed praying for following relief:- "I. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 25.6.2024 passed by Workman Compensation Commissioner, Prescribed Authority under the Payment of Wages Act, 1936 and Deputy Labour Commissioner, Azamgarh Division, Azamgarh/respondent no.2 in Case No.P.W.-05/2024 (Daya Shankar Pathak Vs. Ashok Kumar Mishra) by which the petitioner has been directed to deposit a Bank draft of Rs.69000/- as wages and Rs.69000/- as compensation and in total Rs.1,38,000/- before the under signed/respondent no.2 within a period of 30 days from passing the date of order and undated show cause notice issued by the Workman Compensation Commissioner/Prescribed Authority under the Payment of Wages Act, 1936 and Deputy Labour Commissioner, Azamgarh Division, Azamgarh/respondent no.2 to the petitioner to appear before him on 05.09.2024 giving the reason why not a sum of rupees as mentioned in the order dated 25.6.2024 be not recovered as a recovery of land revenue." From perusal of the records, it appears that the notices were sent to the address of the petitioner. However, learned counsel for the petitioner disputes the receiving of the notice. Such factual disputes cannot be looked into writ jurisdiction. However, since the petitioner has a remedy of filing an appeal, this Court is not entertaining the writ petition. Accordingly, the writ petition is disposed of with liberty to the petitioner to file an appeal against the impugned order within a period of 30 days from today. In the event, such an appeal is filed by the petitioner within the aforesaid period, the same shall be considered and decided by the Appellate Authority on merits without going into the question of limitation. The original record be sent back to the department concerned. Order Date :- 12.3.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad