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Sahara Security & Man Power Services v/s Authority/Commissioner & Another


Company & Directors' Information:- SAHARA INDIA POWER CORPORATION LIMITED [Active] CIN = U34100PN2001PLC016565

Company & Directors' Information:- SAHARA INDIA POWER CORPORATION LIMITED [Active] CIN = U40101PN2001PLC016565

Company & Directors' Information:- SECURITY CO LTD [Active] CIN = L65929WB1948PLC016992

Company & Directors' Information:- V N A SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920DL1998PTC091780

Company & Directors' Information:- G SECURITY (INDIA) PRIVATE LIMITED [Active] CIN = U74920MH2004PTC150235

Company & Directors' Information:- S R SECURITY PRIVATE LIMITED [Active] CIN = U74920MH2005PTC152956

Company & Directors' Information:- S R SECURITY PRIVATE LIMITED [Active] CIN = U74110MH2005PTC152956

Company & Directors' Information:- J S SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920HR2008PTC037747

Company & Directors' Information:- B D SECURITY PRIVATE LIMITED [Active] CIN = U74920JK2006PTC002638

Company & Directors' Information:- R. P. S. S. SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93090UP2017PTC092692

Company & Directors' Information:- G I SECURITY PRIVATE LIMITED [Active] CIN = U74140WB1993PTC057724

Company & Directors' Information:- L K SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93030UP2015PTC068449

Company & Directors' Information:- S. B. SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74999UP2016PTC086112

Company & Directors' Information:- MAN POWER INDIA LTD [Strike Off] CIN = U74140WB1978PLC031826

Company & Directors' Information:- R M G SECURITY PRIVATE LIMITED [Strike Off] CIN = U74910TN1997PTC038969

Company & Directors' Information:- G D A SECURITY PVT LTD [Active] CIN = U74899DL1973PTC006424

Company & Directors' Information:- H K SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920MH2002PTC136385

Company & Directors' Information:- A G SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2013PTC239505

Company & Directors' Information:- P G SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U24232DL2005PTC132138

Company & Directors' Information:- M & D SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC173377

Company & Directors' Information:- J S D SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2009PTC197167

Company & Directors' Information:- M. SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920WB2000PTC092218

Company & Directors' Information:- D & G SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93000WB2011PTC165782

Company & Directors' Information:- D AND R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920JH2013PTC001793

Company & Directors' Information:- S M SECURITY PRIVATE LIMITED [Strike Off] CIN = U74899DL1996PTC007805

Company & Directors' Information:- J AND J SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2004PTC128735

Company & Directors' Information:- E-1 SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74910OR2012PTC014996

Company & Directors' Information:- J S S SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920PB2005PTC028528

Company & Directors' Information:- W B SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920RJ2012PTC040905

Company & Directors' Information:- R. D. SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920PN2010PTC135994

Company & Directors' Information:- K N R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000MH2010PTC204385

Company & Directors' Information:- S P SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93000PN2014PTC150722

Company & Directors' Information:- POWER ON SERVICES PRIVATE LIMITED [Active] CIN = U51909MH2013PTC241871

Company & Directors' Information:- G T I SECURITY PRIVATE LIMITED [Active] CIN = U74999MH2013PTC251541

Company & Directors' Information:- J. B. C. SECURITY PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302126

Company & Directors' Information:- POWER SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920TN2005PTC057787

Company & Directors' Information:- R P SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120UP2011PTC046112

Company & Directors' Information:- S. P. S. S. SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74120UP2016PTC076893

Company & Directors' Information:- H N S SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74900TG2013PTC089837

Company & Directors' Information:- P. S. SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920UP2008PTC035914

Company & Directors' Information:- B J U SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920UP2010PTC039772

Company & Directors' Information:- S A SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93000UP2014PTC062073

Company & Directors' Information:- B. R. S. SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93030UP2013PTC059573

Company & Directors' Information:- B & I SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2013PTC190717

Company & Directors' Information:- R L SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74999JK2015PTC004376

Company & Directors' Information:- S R S SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U95000DL2000PTC106902

Company & Directors' Information:- G G SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U00000DL2001PTC109868

Company & Directors' Information:- M R S SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2013PTC247541

Company & Directors' Information:- S M SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2004PTC125744

Company & Directors' Information:- T & E SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2011PTC220586

Company & Directors' Information:- AT SECURITY PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC234962

Company & Directors' Information:- R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2011PTC213180

Company & Directors' Information:- L N T SECURITY PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC109776

Company & Directors' Information:- A.N.D SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900DL2009PTC193787

Company & Directors' Information:- VERSUS SECURITY PRIVATE LIMITED [Strike Off] CIN = U74900DL2009PTC195274

Company & Directors' Information:- M K G SECURITY SERVICES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74920DL2005PTC141445

Company & Directors' Information:- A V SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920DL2008PTC181601

Company & Directors' Information:- A TO Z POWER SECURITY PRIVATE LIMITED [Active] CIN = U74910DL2006PTC157180

Company & Directors' Information:- R-4 SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2001PTC113509

Company & Directors' Information:- S O L SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2002PTC115968

Company & Directors' Information:- V AND A SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2004PTC125411

Company & Directors' Information:- H S SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2004PTC127249

Company & Directors' Information:- T F SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2005PTC143337

Company & Directors' Information:- M P S SECURITY PRIVATE LIMITED [Under Process of Striking Off] CIN = U74920DL2007PTC169952

Company & Directors' Information:- V M SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2008PTC185522

Company & Directors' Information:- N K SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2009PTC191230

Company & Directors' Information:- M H SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2013PTC255582

Company & Directors' Information:- P & D SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920HR2013PTC048169

Company & Directors' Information:- P T SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U67120KA2013PTC070724

Company & Directors' Information:- H S R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920KA2012PTC064955

Company & Directors' Information:- D-MAN SERVICES PRIVATE LIMITED [Active] CIN = U93090UP2020PTC126999

Company & Directors' Information:- M AND G SECURITY PRIVATE LIMITED [Active] CIN = U74920HR2020PTC087465

Company & Directors' Information:- SECURITY & SERVICES (INDIA) PVT LTD [Strike Off] CIN = U74140WB1977PTC030902

Company & Directors' Information:- I S S SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2000PTC103574

Company & Directors' Information:- N R V SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920CH2007PTC030824

Company & Directors' Information:- S V M SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93090DL2006PTC153793

Company & Directors' Information:- K. A. MAN POWER SERVICES PRIVATE LIMITED [Strike Off] CIN = U74910DL2008PTC184680

Company & Directors' Information:- R A R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2006PTC154147

    Civil Revision No. 1852 of 2014

    Decided On, 05 October 2016

    At, High Court of Punjab and Haryana

    By, THE HONOURABLE MR. JUSTICE RAJ MOHAN SINGH

    For the Petitioner: I.S. Saggu, Advocate. For the Respondents: R2, Kunal Mulwani, Advocate.



Judgment Text

Raj Mohan Singh, J.

1. Petitioner has assailed order dated 22.01.2014 (Annexure P-6) passed by the Authority Under the Payment of Wages Act, 1936-Cirlce I, Faridabad, whereby application of the respondent for restoration of the case was allowed.

2. Brief facts of the case are that respondent No.2 filed a claim petition against the petitioner alleging that petitioner is responsible for wages under Section 3 of the Payment of Wages Act 1936 (hereinafter to be referred as 'the Act'). Respondent No.2 claimed salary for eight months as well as compensation amount to ten times of the amount claimed. The claim of respondent No.2 was contested by the petitioner.

3. In due course, the case came up for hearing before the Authority and the same was dismissed in default vide order dated 29.04.2011. An application was filed by respondent No.2 for restoration of the claim petition on 13.03.2013 on the ground that when the case was fixed for 15.04.2011, it was adjourned for 29.04.2011. The previous counsel/authorised representative of the claimant told the applicant/respondent No.2 that his appearance was not necessary and as and when his presence was felt necessary, he would be intimated. Thereafter, respondent No.2 could not get any information of the case from his counsel and ultimately he filed an application under Right to Information Act before the Labour Commissioner. Thereafter he came to know that the case was dismissed for non-prosecution. Consequent proceedings were filed thereafter.

4. The application was contested by the petitioner. The Authority appointed under the Act vide order dated 22.01.2014 restored the case.

5. Learned counsel for the petitioner by referring to Rule 8(3) of the Payment of Wages (Procedure) Rules, 1937 (for short 'the Rules') contended that the claim petition should not have been restored as no good cause has been shown for seeking restoration of the case, nor any application was moved for condonation of delay. The application for restoration was time barred.

6. Learned counsel for the petitioner vehemently submitted that since the Court had no power to extend the period of limitation on equitable grounds, therefore, the inconvenience caused to claimants was wholly inconsequential in view of law laid down in Popat Bahiru Govardhane v. Special Land Acquisition Officer, 2014(1) R.C.R.(Civil) 557 : 2014(1) Recent Apex Judgments (R.A.J.) 136 : 2013(10) SCC 765.

7. Perusal of the relevant Rule brought out on record revealed that as per provision in terms of Rule 8(3) of the Rules, the Authority was bestowed with power to re-hear the case on showing good cause. Limitation for challenging the order can be considered, even in the application for condonation of delay.

8. Learned counsel for respondent No.2 placed reliance upon State of M.P. v. Pradeep Kumar, 2000(4) RCR (Civil) 730 and Karam Pal v. Ramesh Jain, 2009(2) RCR (Civil) 613, wherein the restoration was ordered, even without filing application for condonation of delay on showing good cause. Mere lapse on the part of the counsel was not construed to be sufficient to deny the relief in favour of the claimant. Though the law helps those, who are vigilant, but it is also true that even a vigilant litigant is prone to mistakes unintentionally and omission on the part of litigant cannot stand in the way to decide the controversy on merits.

9. The Authority Under the Payment of Wages Act, is not a Court subordinate to the High Court. This Court in revisional jurisdiction has a very limited scope to interfere with the findings of the Authority. Once the jurisdiction was exercised by the Authority under the Act, the powers under Article 227 of the Constitution of India under supervisory jurisdiction of this Court is very limited. The equitable jurisdiction by the Authority in restoring the claim petition in considered opinion of this Court is justified. The condonation of delay can be made, even on the basis of oral prayer in view of observations made by the Division Bench of this Court in Partap Singh v. State of Haryana and another, 1979 PLJ 48.

10. In deciding the controversy of the present type more parti

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cularly the application for restoration, the Court should adopt a pragmatic approach. The technicalities should not come against the cause of justice. The cause of justice should not be ignored at the altar of technicality. 11. Having considered the controversy, the order passed by the Authority under the Act appears to be reasonable and no interference is called for in supervisory jurisdiction of this Court under Article 227 of the Constitution of India.
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