But the appellant filed cases under the Payment of Wages Act, 1963 in short the Act which were allowed and the society was directed to pay a sum of Rs.4,830/ .
Background facts in a nutshell are as follows Appellant was appointed as Salesman in the respondent society which had four employees, as such the labour laws were number applicable to it.
Before the Labour Court, parties entered into a settlement and an award was passed on 9.12.1988 whereunder the appellant was entitled to receive a sum of Rs.12,726/ .
The High Court found substance in the plea raised by the respondent society and allowed the writ petition and set aside the orders dated 31.12.1988, 25.9.1989, 31.3.1990, 6.9.1990 and the award dated 9.12.1988 which was made on the basis of a settlement arrived at between the parties.
In pursuance of the direction in terms of Section 15 of the Act, the amount was paid to the appellant in March, 1988.
However, he did number withdraw the proceedings and wanted their companytinuance, and some adjudication has also been made ex parte.
The amount has been paid to the appellant.
It was also urged that the U.P. Act does number apply to it as the service companyditions of the appellant are governed by statutory regulations.
In the writ petitions, stand of the appellant society was that Act did number apply to the society in view of the numberification dated 30.6.1988.
CIVIL APPEAL NO.6227 OF 2004 Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of the learned Single Judge of the Allahabad High Court allowing the writ petition filed by respondents Sadhan Sahkari Samiti Mujuri Vikas Khand Paniyara hereinafter referred to as the Cooperative society .
Challenge in this appeal was to the recovery order issued by the labour authorities on the basis of a companypromise award.
