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UNION OF INDIA THRU' GENERAL MANAGER AND OTHERS versus ADDITIONAL DISTRIT JUDGE COURT NO.1 MAU AND OTHERS

High Court of Judicature at Allahabad

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Union Of India Thru' General Manager And Others v. Additional Distrit Judge Court No.1 Mau And Others - WRIT - C No. 15520 of 2006 [2006] RD-AH 6391 (22 March 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Umeshwar Pandey, J.

Heard learned counsel for the petitioners.

This petition challenges the order dated 25.2.2006 passed by the District Judge/Addl. District Judge on an application for substitution made in appeal preferred under Section 17 of Payment of Wages Act. The substitution application of the petitioners has been dismissed on the ground that the provisions of Section 5 of Indian Limitation Act are not applicable to the proceeding and as such the prayer made in that regard by the petitioners could not be entertained by the court. Accordingly, the petitioners' substitution application as well as application for condonation of delay given under Section 5 of Indian Limitation Act were dismissed.

Learned counsel contends that even though the provisions of Section 5 of Indian Limitation Act are so to say any provision of Limitation Act, are not applicable to such proceeding under Payment of Wages Act, the limitation provided for substitution could not be also made applicable and the petitioners' such application for substitution should have been allowed.

Issue notice to the respondent Nos. 2 to 8 returnable within six weeks.

List thereafter.

Meanwhile the proceeding in Misc. Appeal No. 13 of 2003 pending in the court of 1st Addl. District Judge, Mau, shall remain suspended.

22.03.2006

gp/15520


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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