Payment Of Wages Act | District Judge Deciding Appeal U/S 17 Acts As A Court, Not As 'Persona Designata': Allahabad High Court
10 months, 3 weeks ago

Payment Of Wages Act | District Judge Deciding Appeal U/S 17 Acts As A Court, Not As 'Persona Designata': Allahabad High Court

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The Allahabad High Court has held that a judge appointed in individual capacity by name acts as a persona designata but when he is appointed by his designation alone, he acts as a Court. The Court thus held that order passed by a judge in appeals under Section 17 of the Payment of Wages Act, 1936 in his official capacity are amenable to the jurisdiction of the High Court under Article 227 of the Constitution of India. The bench comprising Justice Ashutosh Srivastava held that “the learned Additional District and Sessions Judge-IX, Kanpur Nagar while exercising powers in Appeal under Section 17 of the Payment of Wages Act, 1936 functions as a Civil Court and not as a persona designata and the order passed in exercise of such powers is amenable before this Court in a petition under Article 227 of the Constitution of India.” Factual Background Petitioner, Managing Director of M/s Bhoomi Shakti Developers Pvt. Reliance was placed on The General Manager v. Paras Nath Tewari wherein the Allahabad High Court held that power to hear an appeal under Section 17 under the Payment of Wages Act is given to the District Judge and not the person sitting on the post in individual capacity. Further, the Court observed that the Apex Court in Radhey Shyam v. Chhabi Nath had held that “ judicial orders of Civil Court are not amenable to writ jurisdiction under Article 226 of Constitution of India Jurisdiction under Article 227 of the Constitution of India is distinct from jurisdiction under Article 226.” The Court also placed reliance on the decision of the Supreme Court in Life Insurance Corporation of India Vs. Nandini J. Shah and others held that while excersing powers under Section 17 of the Payment of Wages Act, the Additional District and Sessions Judge-IX, Kanpur Nagar acts as a Civil Court and order passed by him can be challenged before the High Court under Article 227 of the Constitution of India.

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