High CourtsSingle Bench(2023) 08 MP CK 0065

Municipal Council Shivpuri vs Rajkumar

Madhya Pradesh High Court · Decided on 11 August 2023

HON’BLE JUDGES
Anand Pathak, J
CASE NUMBER
Miscellaneous Petition No. 4642 Of 2023

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Judgment

10 paragraphs · 182 words

Anand Pathak, J

1.

Heard on admission.

2 . Petitioner is aggrieved by the order dated 13.04.2023 passed by Industrial Court Bench Gwalior whereby appeal preferred by the petitioner has been rejected and affirmed the order dated 20.12.2022 passed by Labour Court Gwalior.

3.

It is the submission of counsel for the petitioner that instant application has been preferred under Section 15 (1) of Payment of Wages Act, 1936 whereas right approach would have been to prefer application under Section 20 of Minimum Wages Act, 1948. Courts below did not consider the same and caused illegality.

4 . Issue notice to the respondent on payment of process fee through RAD mode within seven working days, returnable within four weeks.

5.

Heard on interim relief.

6.

Learned counsel for the petitioner informs this Court that for total 65 employees, Rs.13,78,000/- have been deposited.

7.

Considering the submission, till next date of hearing, disbursement of amount shall not be made by the concerned authority without the leave of this Court.

8.

List after four weeks.

9.

Meanwhile, record of the Courts below be requisitioned.