Court No. - 47
Case :- WRIT - C No. - 19527 of 2019 Petitioner :- Unit Incharge Dugdh Sangh And Another Respondent :- Awadh Bihari Gautam And 3 Others Counsel for Petitioner :- Ganesh Datt Mishra Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble J.J. Munir,J.
The impugned order dated 30.3.2019 is one passed by the Prescribed Authority, Payment of Wages Act, 1936, Chitrakoot in PWA Case No.18 of 2017 allowing an application by respondent No.1 under Section 15(2) of the Payment of Wages Act, 1936.
Heard Sri G.D. Mishra, learned counsel for the petitioner, Sri Ram Chanda holding brief of Sri Pranjal Mehrotra, learned counsel appearing for respondent No.4 and Sri Yogendra Kumar Sonkar, learned Standing Counsel appearing for respondent Nos. 2 and 3.
An order on an application under Section 15(2) of the said Act issuing a direction made under sub-section (3) is appealable to the District Court other than in an Ex-Presidency town. There being thus, a clear alternative remedy of appeal provided under the Payment of Wages Act vide Section 17(1), this writ petition cannot be entertained on ground of availability of alternative remedy. It is, however, provided that in case the petitioner files an appeal under Section 17(1) of the Act aforesaid to the District Judge by 8.07.2019, the same shall be entertained and decided on merits without any objection as to limitation.
This Court declines to interfere with the impugned order on ground of availability of an alternative remedy and disposes of this petition, accordingly.
Order Date :- 31.5.2019 NSC