KRISHAN PRASAD GUPTA versus CONTROLLER, PRINTING AND STATIONERY

KRISHAN PRASAD GUPTA versus CONTROLLER, PRINTING AND STATIONERY

Appeals under Section 17 of the Payment of Wages Act cannot be transferred to the Administrative Tribunal under Section 29 of the Administrative Tribunals Act; jurisdiction of the Authority under Section 15 and of the District Judge under Section 17 is special and protected, unaffected by the constitution of...

Source-derived case information.

Parties
Appellant: Krishan Prasad Gupta; Respondent: Controller, Printing and Stationery
Jurisdiction
India
Judgment Date
18 October 1995
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Jurisdiction of Administrative Tribunals, Payment of Wages Act, Industrial Disputes Act, Transfer of Appeals, Interpretation of Statutes
Service Law Labour Law Jurisdiction of Administrative Tribunals Payment of Wages Act Industrial Disputes Act Transfer of Appeals Interpretation of Statutes

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Parties

Krishan Prasad Gupta

Appellant

Controller, Printing and Stationery

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether appeals pending before the District Judge under Section 17 of the Payment of Wages Act are to be transferred to the Administrative Tribunal under Section 29 of the Administrative Tribunals Act
  2. 2 Whether the jurisdiction of the Authority under Section 15 and District Judge under Section 17 of the Payment of Wages Act remains unaffected by the establishment of Administrative Tribunals

Ratio Decidendi

Appeals under Section 17 of the Payment of Wages Act cannot be transferred to the Administrative Tribunal under Section 29 of the Administrative Tribunals Act; jurisdiction of the Authority under Section 15 and of the District Judge under Section 17 is special and protected, unaffected by the constitution of Tribunals. Pending and future appeals under the Payment of Wages Act must be disposed by the District Judge, not by the Tribunal.

Court Disposition

Appeal allowed

Orders

  • Judgment and order dated 04.07.94 of Administrative Tribunal, Chandigarh set aside
  • Appeal papers to be transmitted to the District Judge, Chandigarh for disposal on merits