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2025 DAILYLAW 57658 (ALL)

RAJARSHI KUMAR GUPTA v. STATE OF U.P. AND 2 OTHERS

WRIC/15511/2025 · 2025-05-15

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81657 Court No. - 33 Case :- WRIT - C No. - 15511 of 2025 Petitioner :- Rajarshi Kumar Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravindra Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has filed a case being Case No.PW 42/2013 in which order was passed on 06.12.2014 in favour of the petitioner by which direction was given to the employer to make the payment of Rs.2,24,734/-. Against the aforesaid order, employer filed recall application, which was allowed and thereafter matter was again decided on merits by order dated 12.11.2016 by which direction was given to deposit Rs.117014/-. Aggrieved against the aforesaid order recall application was filed by the petitioner, which was rejected 02.12.2022 hence present writ petition. 2. It is argued by learned Standing Counsel that the review filed by the petitioner against the order dated 12.11.2016 is not maintainable and statutory remedy is available to the petitioner to file an appeal as provided under Section 16(1) Payment of Wages Act, 1936. 3. At this point of time, a prayer has been made by counsel for the petitioner to permit him to file an appeal under Section 16(1) Payment of Wages Act, 1936 before the District Judge. 4. In this view of the matter, without interfering with the order dated 12.11.2016 present writ petition is disposed of permitting the petitioner to file an appeal under Section 16(1) Payment of Wages Act, 1936 before the District Judge. Order Date :- 16.5.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad