Jammu and Kashmir High Court Quashes Appellate Court's Judgment in Wage Dispute

Court Upholds Strict Limitation and Compliance Mandates Under Payment of Wages Act, Citing Violation of Natural Justice

In a significant ruling, the Jammu and Kashmir High Court has quashed the judgment of the Principal District Judge, Bhaderwah, in a wage dispute appeal involving Barket Ali and the Divisional Manager of SFC Division Bhaderwah. The appeal was initially allowed despite being filed beyond the statutory limitation period and without meeting mandatory conditions set forth by the Payment of Wages Act, 1936.

The case revolves around an award of Rs. 503,567 granted to Barket Ali by the Assistant Labour Commissioner Doda for delayed wages. The respondent, Divisional Manager SFC Division Bhaderwah, filed an appeal against this award, which was accepted by the Appellate Court despite the appeal being filed after the 30-day limitation period prescribed by Section 17 of the Payment of Wages Act, 1936. The Appellate Court further compounded the issue by deciding the appeal on merits without affording Ali the opportunity to be heard, a violation of the principles of natural justice.

The High Court, presided by Justice Wasim Sadiq Nargal, emphasized that the Payment of Wages Act is a special legislation with its own procedural and limitation framework, excluding the application of Section 5 of the Limitation Act, 1963. Justice Nargal noted that the Appellate Court committed a jurisdictional error by condoning the delay without statutory backing and by proceeding without the mandatory certificate of deposit required under Section 17(1A) of the Act.

The High Court also criticized the Appellate Court for recording findings on alleged tampering of order sheets without summoning the original records, thereby violating procedural propriety and the principles of fair adjudication.

In its judgment, the High Court underscored the importance of adhering to statutory mandates and protecting the rights of workers under beneficial legislation like the Payment of Wages Act. The ruling sends a clear message about the inviolability of statutory limits and procedural safeguards designed to ensure justice and equity in labor disputes.

Bottom Line:

Payment of Wages Act - Section 17 - Special legislation prescribing a specific limitation period of 30 days for appeals - Excludes application of Section 5 of the Limitation Act for condoning delay - Appeals must be accompanied by a certificate of deposit of the awarded amount under Section 17(1A) - Mandatory requirement.

Statutory provision(s): Payment of Wages Act, 1936 Section 17, Limitation Act, 1963 Section 5, Constitution of India Article 226

Barket Ali v. Divisional Manager SFC Division Bhaderwah, (Jammu and Kashmir) : Law Finder Doc Id # 2797104