Court No. - 34
Case :- WRIT - A No. - 1794 of 2002 Petitioner :- Santosh Kumar Lal Respondent :- Addl. District Judge Mirzapur & Others Counsel for Petitioner :- B.P. Yadav Counsel for Respondent :- C.S.C.,Sunil Kumar Tripathi
Hon'ble Sudhir Agarwal,J.
1. Heard Sri B.P. Yadav, learned counsel for petitioner and perused the record.
2. Petitioner was employed in Project Mala School, Jooli Garden, Jangi Raod, Mirzapur as Assistant Teacher and filed an application for payment of wages before Prescribed Authority which was allowed but said order of Prescribed Authority had been set aside by Additional District Judge, Mirzapur in appeal holding that Prescribed Authority has no jurisdiction in the matter since School in question is not within the purview of Payment of Wages Act, 1936 (hereinafter referred to as “Act, 1936”).
3. When questioned, learned counsel for petitioner could not place any provision or notification issued by Competent Authority bringing such Schools with the purview of Act, 1936. Hence, I do not find any manifest error in the impugned order passed by Appellate Authority.
4. Writ petition is accordingly dismissed. Interim order, if any, stands vacated.
Order Date :- 23.8.2018 AK