High CourtsDivision Bench(2021) 12 J&K CK 0041

Gurmeet Singh vs Assistant Labour Commissioner, Jammu And Others

Jammu And Kashmir High Court · Decided on 27 December 2021

HON’BLE JUDGES
Pankaj Mithal, CJ · Javed Iqbal Wani, J
RESULT
Dismissed
CASE NUMBER
Letters Patent Appeal No. 133 Of 2021

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Judgment

7 paragraphs · 233 words
1.

Heard learned counsel for the petitioner-appellant.

2.

The writ petition filed by the petitioner-appellant has been dismissed by the learned Single Judge and, therefore, he has come up in this appeal.

3.

The petitioner-appellant is a contractor under whom certain labourers were working for digging and laying of optical fiber cable work at Akhnoor. He defaulted in payment of full wages of the said labourers and, therefore, a dispute was raised before the Assistant Labour Commissioner.

4.

The Assistant Labour Commissioner made a final award for an amount of Rs.3,09,950/-. The appeal preferred by the petitioner-appellant before the Additional District Judge, Jammu under Section 17 of the Payment of Wages Act., 1936 was dismissed and so was the writ petition.

5.

The submission of learned counsel for the petitioner-appellant is that the dispute before the Labour Court was concerning the civil matter and, as such, the Labour Court ought not to have decided the same.

6.

The submission is totally devoid of merit, inasmuch as the dispute raised before the Assistant Labour Commissioner was with regard to the non-payment of full wages of the work done by the labourers. Accordingly, the Assistant Labour Commissioner has committed no error in awarding the balance of the wages which award has been up-held by the Appellate Court as well the Writ Court.

7.

We find no merit in this appeal and the same is dismissed.