9911796707
TMI Blog2017 (7) TMI 1098X X X X Extracts X X X X X X X X Extracts X X X X ..... he said Act']. The petitioner has further prayed for setting aside the order dated 16.06.2017 passed in P.W. Case No. 4/2017 whereby, the learned Labour Court, Jamshedpur has admitted the case and issued notice in Form-E as per the Payment of Wages (Procedure) Rules, 1937 [hereinafter to be referred to as 'the said Rules'] for final disposal of the application. 3. The factual background of the case is that the petitioner is claiming that it is a Company suffering from financial crunch due to which it had also made an application before the Secretary, Department of Labour and Employment, Government of Jharkhand, Ranchi for seeking permission under Section 25-O of the Industrial Disputes Act, 1947 for closure of the Company, but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g a claim as per the procedure laid down in terms with Rule 7 read with Rule 8 of the said Rules. However, in the present case, the learned Labour Court, Jamshedpur vide the impugned order dated 16.06.2017 simply admitted the application filed by the respondent under Section 15(2) of the said Act and issued notice to the petitioner. It is further submitted that the contents of the notice issued vide letter No. 126/2017 dated 17.06.2017 (Annexure-4 to the writ petition) clearly indicate that the case has been fixed on 15.07.2017 for final disposal. It is further submitted that since the case has been fixed for final disposal on 15.07.2017, the petitioner has reasons to believe that it will not be afforded a reasonable opportunity of hearing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority to even investigate into facts, writ petitions should not be entertained for the mere asking and as a matter of routine, and the writ petitioner should invariably be directed to respond to the show- cause notice and take all stands highlighted in the writ petition. Whether the show-cause notice was founded on any legal premises, is a jurisdictional issue which can even be urged by the recipient of the notice and such issues also can be adjudicated by the authority issuing the very notice initially, before the aggrieved could approach the court. Further, when the court passes an interim order it should be careful to see that the statutory functionaries specially and specifically constituted for the purpose are not denuded of power ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Labour Court is in hurry, as the notice dated 17.06.2017 indicates that the case shall be disposed of on the next date of hearing i.e. 15.07.2017, the same is also unfounded. In fact, the notice dated 17.06.2017 (Annexure-4) has been issued under the proforma of Form-E prescribed in the said Rules itself. The proforma of Form-E of the said Rules is reproduced hereunder for the purpose of clarity: Form E NOTICE FOR THE DISPOSSAL OF APPLICATION To Whereas under the Payment of Wages Act, 1936 (4 of 1936) a claim against you has been presented to me in the application of which a copy is enclosed, you are hereby called upon to appear before me either in person or by any person duly instructed, and able to answer all material questions rela ..... X X X X Extracts X X X X X X X X Extracts X X X X
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