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2025 DAILYLAW 158766 (ALL)

KRISHNA MOHAN SHARMA v. PRESCRIBED AUTH. UNDER PAYMENT OF WAGES ACT AND ASST. LABOUR COMM. SULTANPUR AND 3 OTHERS

CMRA/99/2025 · 2025-08-26

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CIVIL MISC REVIEW APPLICATION No. - 99 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard Shri Amrendra Nath Tripathi, learned counsel for the review- applicant as well as Shri Santosh Srivastava, learned counsel, who has filed his 'vakalatnama' today on behalf of the opposite party no.3 and 4, which is taken on record and perused the material available on record. 2. This application has been filed seeking review of the order dated 16.07.2025 passed in Writ-C No. 6187 of 2025, whereby, it was directed that the respondent may file fresh proceedings before the Assistant Labour Commissioner, Faizabad, which shall be decided in accordance with law. 3. The contention of learned counsel for the applicant is that, in terms of, the notification dated 30.05.2014, the jurisdiction in terms of the prescriptions contained under Section 15 of the Payment of Wages Act was conferred upon, the Deputy Labour Commissioner and all the Assistant Labour Commissioners working in the division of the Faizabad region having an experience of two years, he argues that the Assistant Labour Commissioner, exercising jurisdiction and presently posted at Faizabad is not having the experience of two years. The said fact is denied by counsel for the respondent. 4. Irrespective of the disputes that are raised in respect of the jurisdiction Versus Counsel for Applicant(s) : Amrendra Nath Tripathi, Vijay Nandan Mani Tripathi, Vivek Raghubanshi Counsel for Opposite Party(s) : Krishna Mohan Sharma .....Applicant(s) Prescribed Auth. Under Payment Of Wages Act And Asst. Labour Comm. Sultanpur And 3 Others .....Opposite Party(s) of the Assistant Labour Commissioner, Faizabad to decide the dispute, considering the fact that the Payment of Wages Act is a beneficial for employees by providing financial security, etc., the proceedings which have been filed by the applicant before the Assistant Labour Commissioner, Sultanpur and are said to be pending, shall be transferred to Deputy Labour Commissioner, Faizabad and shall be decided by him, in accordance with law. 5. To avoid any further delay, it is directed that both the parties shall appear before the Deputy Labour Commissioner, Faizabad on 10th September, 2025 at 12:00 pm. and, thereafter, the Deputy Labour Commissioner, Faizabad after summoning the record of the proceedings instituted and pending before the Assistant Labour Commissioner, Sultanpur shall be summoned and the entire issues raised by the parties shall be considered and decided within a period of three months thereafter, in accordance with law. 6. It is made clear that none of the parties will be given notice as, this Court has already fixed the matter for appearance by both the parties. 7. The review application is disposed of with the aforesaid observations. August 26, 2025 Praveen CMRA No. 99 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench