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2025 DAILYLAW 16425 (ALL)

M/S RESHM JEWELS & ANTIQUES PVT. LTD. v. THE STATE OF U.P. AND 3 OTHERS

WRIC/3903/2025 · 2025-03-19

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40429 Court No. - 33 Case :- WRIT - C No. - 3903 of 2025 Petitioner :- M/S Reshm Jewels & Antiques Pvt. Ltd. Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Karunesh Narayan Tripathi,Maithali Sharan Pipersenia Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Pursuant to the order passed by this Court instructions dated 08.03.2025 was placed before the Court, same is taken on record. Copy of the instructions is also provided to the counsel for the petitioner. 2. The petitioner has preferred present writ petition challenging the order dated 25.07.2022 passed by respondent no.2 namely Presiding Officer under Payment of Wages Act, 1936 and Assistant Labour Commissioner, Noida, Gautam Budh Nagar as well as consequential order passed thereafter. 3. A preliminary objection has been raised by Sri D. P. Singh, learned Additional Chief Standing Counsel for the respondent- State that against the aforesaid order statutory alternative remedy is available to the petitioner to file an appeal under Section 17 of the Payment of Wages Act, 1936. 4. Heard learned counsel for the parties and perused the records. 5. From perusal of the record it is clear that against the order dated 25.07.2022 passed by the respondent no.2, which is under challenge statutory appeal will lie before the appellate authority as provided under Section 17 of the Act, 1936. 6. In this view of the matter, present writ petition is dismissed on the ground of availability of statutory alternative remedy available to the petitioner under Section 17 of the Payment of Wages Act, 1936. Order Date :- 20.3.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad