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2025 DAILYLAW 126732 (ALL)

M/S LAXMI BUILDERS, THRU. MR. SHIKHAR GUPTA v. DISTRICT AND SESSIONS JUDGE HARDOI AND 2 OTHERS

WRIC/2452/2025 · 2025-03-20

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16085 Court No. - 6 Case :- WRIT - C No. - 2452 of 2025 Petitioner :- M/S Laxmi Builders, Thru. Mr. Shikhar Gupta Respondent :- District And Sessions Judge Hardoi And 2 Others Counsel for Petitioner :- Shailender Singh,Ankit Tiwari,Neelam Singh Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner. 2. The present petition has been filed challenging the judgement passed in Appeal on 22.01.2025 under the Payment of Wages Act, 1936. 3. The facts, in brief, are that an application was filed by the respondent under the Payment of Wages Act, 1936 claiming payment of wages. The authority concerned, despite giving opportunities, has recorded that no reply was filed, as such, the claim was accepted. Challenging the said order, an appeal was preferred, in which grounds were taken that the order has been passed without considering the materials. In the entire memo of appeal, which is on record, there is no averment that the amount was either not paid or that the opposite party was not an employee. In view of the absence of such finding, the appeal was rejected by the appellate court holding that the petitioner did not appear and file any written statement and no defense was taken before the appellate authority that the amount awarded was either wrong or excessive or not payable. 4. Considering the fact that the memo of appeal also does not accord that there was any denial with regard to the quantum of amount awarded to the respondent. The appellate court has rightly dismissed the appeal. The said order warrants no interference and is, accordingly, dismissed. 5. The amount deposited before the appellate court shall be paid to the respondent, who is entitled in accordance with law. Order Date :- 20.3.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench