Excelsior Correspondent
JAMMU, Aug 17: While dismissing an appeal filed under Payment of Wages Act after more than five years as “time barred”, the Court of Additional District Judge -Doda, Amarjeet Singh Langeh imposed costs of Rs. 5,000 each on Block Development Officer, Ghat and Assistant Labour Commissioner – Doda (Appellants) to be paid and deposited by them from their own pocket with Assistant Labour Commissioner – Doda for disbursement to concerned labourers within 15 days from date of order.
This significant order was passed in an appeal titled “Block Development Officer, Ghat & Another Vs Amirullah Magray” wherein appellants sought to assail an order passed by authority under Payment of Wages Act on 19-09-2019. While dismissing the condonation of delay application and the appeal.
The Court noted that “under the Payment of Wages Act, an appeal is required to be preferred within 30 days from the date of order”, holding further, “Payment of Wages Act is a special statute which distinctly provides the limitation for an appeal to be filed against order passed under the same and Section 5 of Limitation Act cannot be invoked for the purpose of condoning delay.”
“Appellants have only misdirected themselves by seeking condonation of delay of more than 5 years by invoking Section 5 of Limitation Act more so when amount for which direction was issued by Assistant Labour Commissioner – Doda stands deposited with him pursuant to execution filed before Chief Judicial Magistrate – Doda by respondent”, the Court further added.
“The course embarked upon by applicants/appellants by filing instant application so belatedly is only aimed at to camouflage utter complacency that they have exhibited throughout this period of more than five years”, observed the Court.
With these observations, Court dismissed the condonation of delay application on merits and consequently appeal as barred by “law of limitation”.
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