M/S J.R. ORGANICS LTD. THRU. MANAGING DIRECTOR YOGENDRA KUMAR JHUNJHUNWALA AND ANOTHER v. PRESCRIBED AUTHORITY UNDER PAYMENT OF WAGES ACT/ASSIS. LABOUR COMMISSIONER AND 2 OTHERS
WRIC/6187/2025 · 2025-07-16
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148760 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148760 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:40477 Court No. - 7 Case :- WRIT - C No. - 6187 of 2025 Petitioner :- M/S J.R. Organics Ltd. Thru. Managing Director Yogendra Kumar Jhunjhunwala And Another Respondent :- Prescribed Authority Under Payment Of Wages Act/Assis. Labour Commissioner And 2 Others Counsel for Petitioner :- Azad Khan,Mamta Tripathi,Santosh Srivastava,Yadukul Shiromani Srivastava (Y.S.Lohit) Hon'ble Pankaj Bhatia,J.
1. Supplementary affidavit filed today in Court is taken on record. 2. Heard learned counsel for the petitioners and Shri Krishna Mohan Sharma, respondent no.3 who appears in person. 3. Present petition has been filed seeking quashing of the order dated 06.06.2025 passed by the authority concerned which has entertained the matter without having any territorial jurisdiction. 4. Reliance is placed upon notification dated 30.05.2014 wherein in respect of the persons employed in Barabanki, the jurisdiction was conferred to the Commissioner at Faizabad whereas the proceedings have been initiated and are being continued by the Assistant Labour Commissioner, Sultanpur beyond his territorial jurisdiction. 5. Respondent No.3 appearing in person states that he had filed the proceedings initially at Faizabad but was subsequently withdrawn and was instituted at Sultanpur in terms of the notification issued in the year 2011 i.e. 14.12.2011 wherein the Assistant Labour Commissioner at Sultanpur had the jurisdiction. 6. Considering the fact that the notification dated 14.12.2011 was substituted by the notification dated 30.05.2014, clearly the Assistant Labour Commissioner, Sultanpur did not have the territorial jurisdiction, as such, the proceedings cannot be continued before the Assistant Labour Commissioner, Sultanpur. 7. In view thereof, respondent would be at liberty to withdraw the proceedings instituted and pending before the Assistant Labour Commissioner, Sultanpur and he would be entitled to present the same before the Assistant Labour Commissioner,
Faizabad. 8. The said proceedings, if instituted at Faizabad, shall be entertained and decided in accordance with law without raising any objection with regard to the limitation as the respondent was pursuing his remedy before the forum which did not have the jurisdiction on account of wrong legal advice. 9. In case, however, the proceedings are not instituted before the Assistant Labour Commissioner, Faizabad within a period of one month from today, the benefit of limitation granted by this Court shall not be available to the respondent. 10. Present petition stands disposed off in above terms.
Order Date :- 16.7.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench