Court No. - 59
Case :- WRIT - C No. - 37620 of 2019 Petitioner :- Nitin Jain 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 17.8.2019, issued by competent authority, under the Payment of Wages Act, 1936, calling upon the petitioner and two other persons to submit their reply and evidence in response to a claim made by respondent-2, under Section 15(2) of the Payment of Wages Act, 1936, registered as P.W. No. 12 of 2019.
Counsel for the petitioner has submitted that the petitioner is not running any industry, but he purchases bangles in unfinished condition and give the same to respondent-2 and other persons for finishing the bangles. It is submitted that in such circumstances, the petitioner cannot be said to be a factory, nor the claim made by respondent-2 under the Payment of Wages Act, 1936, would be maintainable.
It is not disputed before this court that the petitioner has already submitted a reply before respondent-1 on 27.7.2019. Moreover, notice impugned gives further opportunity to the petitioner to file his reply and evidence.
The issue as to whether the petitioner is running a factory or not, or whether there exists any relationship of employer and employee between the petitioner and respondent-2, is yet to be decided by the competent authority under the Payment of Wages Act, 1936. Consequently, no ground is made out to interfere with the impugned notice.
The petition is disposed of with liberty to the petitioner to raise all possible pleas before the competent authority.
(Manoj Kumar Gupta, J.) Order Date :- 28.11.2019/Jaideep/-