HOTEL AND RESTAURANT KARAMCHARI SANGH versus M/S. GULMARG HOTEL AND ORS.

HOTEL AND RESTAURANT KARAMCHARI SANGH versus M/S. GULMARG HOTEL AND ORS.

The maintainability of a complaint under the Uttar Pradesh Industrial Peace (Timely Payment of Wages) Act, 1978 is determined by the amount claimed at the time of lodging the complaint, not at the date of adjudication. Subsequent payments reducing the claim below the statutory threshold do not oust the jurisdiction of the authority to issue recovery certificates.

Parties
Appellant: Hotel and Restaurant Karamchari Sangh; Respondent No. 1 (employer): Gulmarg Hotel; Respondent No. 2: State of Uttar Pradesh; Respondent No. 3 (authority): Deputy Labour Commissioner, Lucknow Region, Lucknow
Jurisdiction
India
Judgment Date
08 June 2006
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal allowed
Legal Topics
Recovery of Wages, Industrial Peace, Jurisdiction Under U.p. Industrial Peace (timely Payment of Wages) Act, 1978, Timely Payment of Wages, Maintainability of Complaint When Partial Payment Reduces Claim
Labour Law Recovery of Wages Industrial Peace Jurisdiction Under U.p. Industrial Peace (timely Payment of Wages) Act, 1978 Timely Payment of Wages Maintainability of Complaint When Partial Payment Reduces Claim

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Hotel and Restaurant Karamchari Sangh

Appellant

Gulmarg Hotel

Respondent No. 1 (employer)

State of Uttar Pradesh

Respondent No. 2

Deputy Labour Commissioner, Lucknow Region, Lucknow

Respondent No. 3 (authority)

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether maintainability of complaint under U.P. Industrial Peace (Timely Payment of Wages) Act, 1978 depends on the amount at the date of complaint or adjudication
  2. 2 Jurisdiction of authority when part of wage claim is paid after complaint initiation

Ratio Decidendi

The maintainability of a complaint under the Uttar Pradesh Industrial Peace (Timely Payment of Wages) Act, 1978 is determined by the amount claimed at the time of lodging the complaint, not at the date of adjudication. Subsequent payments reducing the claim below the statutory threshold do not oust the jurisdiction of the authority to issue recovery certificates.

Court Disposition

Appeal allowed

Orders

  • Order passed by Assistant Labour Commissioner restored
  • Impugned order of the High Court quashed