Allahabad High Court
M/S M.B. Textile Lacchipur Thru' Prop. & ... vs Prescribed Authority/Asst. ... on 7 July, 2010
Author: Prakash Krishna
Bench: Prakash Krishna
Court No. - 6 Case :- WRIT - C No. - 38671 of 2010 Petitioner :- M/S M.B. Textile Lacchipur Thru' Prop. & Mahenaj Bano & Anr. Respondent :- Prescribed Authority/Asst. Commissioner Gorakhpur & Others Petitioner Counsel :- A.P. Singh,H.C. Singh Respondent Counsel :- C.S.C. Hon'ble Prakash Krishna,J.
It was rightly pointed by Shri Rajesh Kumar, learned standing counsel that against the impugned order passed under the Payment of Wages Act, an appeal lies under section 17 of the said Act.
The counsel for the petitioner submits that against the order dated 24.10.2009, a review application was filed which has been allowed in part by the order dated 4.5.2010.
The learned counsel for the petitioner by means of the present petition, has sought to challenge the order dated 24.10.2009 (annexure-7) as well as the order dated 4.5.2010 passed on the review application. He submits that against the said order, the present writ petition is maintainable. Reliance has been placed on a Apex Court judgment in S.Nagraj & others versus Stare of Karnataka & Another 1993(5) Judgment Today 28 paragraph 19 in particular.
In my considered view, the case is distinguishable on facts. In the case on hand, the petitioner is also challenging the order passed by the authority on the claim-petition and the said order is appealable under section 17 of the afore stated Act. If the petitioner is permitted to file the present petition, challenging the said order which is appealable , it would amount by passing of the statutory remedy.
The petition is dismissed on the ground of alternative remedy.
Order Date :- 7.7.2010 IB (Prakash Krishna,J)