Court No. - 59
Case :- WRIT - C No. - 42140 of 2019 Petitioner :- M/S Shri Shri 1008 Agrasen Sewa Samiti Raja Ka Tal District Firozabad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Radhey Shyam Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The instant petition is directed against the notice dated 27.6.2019 issued by Prescribed Authority under the Payment of Wages Act, 1936, calling upon the petitioner to file its reply alongwith evidence in response to the claim for payment of wages made against it by the employee-respondent no.4.
The notice is being challenged on the ground that the petitioner is a charitable institution, therefore, provisions of the Act are not applicable to it. It is also submitted that respondent no.4 is not an employee of the petitioner. His services were engaged through respondent no.3, who is the actual employer.
All these pleas could be raised by the petitioner in response to the impugned notice before the second respondent. The second respondent in that event, will definitely go into all the aspects, including the issue as to whether the provisions of the Act would apply to the petitioner or not.
At this stage, this Court is not inclined to quash the impugned notice, but leaves it open to the petitioner to raise all possible defence before respondent no.2, who, as observed above, will decide all pleas that are raised by the petitioner.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J) Order Date :- 20.12.2019 SL