MOHAMMAD AYOUB AHANGER v. STATE OF JK AND OTHERS (N.H.P.C.)
OWP/248/2014 · 2025-02-11
Rahul Bharti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6416 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6416 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No. 02 Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
OWP 248/2014
MOHAMMAD AYOUB AHANGER
…Petitioner(s)/Appellant(s) Through: Mr. Hakim Suhail Ishtiaq, Advocate Vs STATE OF JK AND OTHERS
...Respondent(s) Through: Mr. G. N. Monga, Advocate
CORAM:
HON’BLE MR JUSTICE RAHUL BHARTI, JUDGE
ORDER 11.02.2025
1. The very pendency of this writ petition all along from 2014 till date is a sad commentary on the state of affairs obtaining with respect to the disposal of matters in this High Court.
2. The respondent No. 4- Ashok Kumar Gupta came to invoke Payment of Wages Act, 1936 by filing a petition before the Authority Payment of Wages Act (Assistant Labour Commissioner), District Baramulla in which the present petitioner, being the employer, came to be impleaded as the respondent No. 1, co-joined by NHPC Uri, II, Hydel Power Project, Razarwani, District Baramulla as respondent No. 2.
3. The application filed by the respondent No. 4- Ashok Kumar Gupta was under section 15(3) of the Payment of Wages Act,
1936 claiming that from 1st May, 2010 to December 2011 he had not been paid the wages by the petitioner in whose employment the said respondent No. 4- Ashok Kumar Gupta was serving as alleged and, therefore, unpaid wages of an amount of Rs. 33,22,097/- were claimed.
4. The Authority under Payment of Wages Act (Assistant Labour Commissioner), Baramulla came to put the petitioner on notice for appearance in the case but the petitioner came forward seeking transfer of the case from the Assistant Labour Commissioner, Baramulla to any other Assistant Labour Commissioner vested with jurisdiction as an Authority Payment of Wages, in Kashmir province.
5. It is in this context that the petitioner came to approach this Court with the present petition being aggrieved of the fact that his plea of transfer was not acceded to by the Labour Commissioner, J&K, Srinagar.
6. During the pendency of this petition, the respondent No. 4- Ashok Kumar Gupta is reported to have expired.
7. In view of this development, this petition is rendered self infructuous, as such, is dismissed.
8. Copy of this order be forwarded to the Authority Payment of Wages (Assistant Labour Commissioner), Baramulla for being placed on the file of the case titled “Ashok Kumar
Gupta vs. Mohd Ayoub Ahangar & State of J&K and Others”.
(RAHUL BHARTI)
JUDGE
SRINAGAR 11.02.2025 AAMIR
Amir Rashid Sofi I attest to the accuracy and authenticity of this document 13.02.2025 12:47