Court No. - 59
Case :- WRIT - C No. - 42798 of 2019 Petitioner :- M/S Asia Top Security Opc Pvt. Ltd. And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Somendra Singh Counsel for Respondent :- C.S.C.,Rohit Pandey,Surya Bhan Singh Hon'ble Manoj Kumar Gupta,J.
Heard counsel for the petitioners, Sri Rohit Pandey for the respondent University and Sri Surya Bhan Singh for respondent no.4.
The instant petition has been filed seeking quashing of order dated 23.9.2019 passed by Additional Labour Commissioner, Kanpur Region, Kanpur in proceedings initiated by respondent no.4 alongwith other employees under the provisions of the U.P. Industrial Peace (Timely Payment of Wages), Act, 1978. Under the said order, it has been found that the employees, who were engaged by respondent no.2 through the petitioners, had not been paid their wages and accordingly, arrears of wages to the tune of Rs.52,17,978/- was directed to be paid in equal proportion by the petitioner and the respondent University.
Learned counsel for the petitioners submitted that the petitioners were having a contract with the respondent University for supplying man power. The University has not made payment to the petitioners. The petitioners have filed Writ Petition No.27997 of 2019 before Lucknow Bench of this Court, which is stated to be pending. It is urged that till the writ petition is decided, the recovery in pursuance of the impugned order be stayed.
A perusal of the impugned order reveals that the petitioners despite due notice did not appear to contest the proceedings. It is also not disputed that the wages of the employees, whose services were made available to the University by the petitioners, has not been paid, resulting in passing of the impugned order. There is no stay in favour of the petitioner in the writ petition filed by them.
Having regard to these facts, this Court finds no illegality in the impugned order nor any reason to stay the recovery in pursuance thereof.
The petition lacks merit and is dismissed.
(Manoj Kumar Gupta, J) Order Date :- 20.12.2019 SL