Challenge to Unpaid Wages Order Under Delhi Shops and Establishments Act Dismissed.
23 October 2024
Shops and Establishment >> Business & Commercial Law | Unpaid salary/bonus/gratuity >> Workplace/ Professional Related
In Sanjay Aggarwal v/s Govt. Of NCT Of Delhi & Others., the petitioner, a sole proprietor of M/s Jyoti Enterprises, filed a petition to challenge an order dated 04.07.2017, issued by the Authority under the Delhi Shops and Establishments Act. The order directed the petitioner to pay Rs. 1,03,461/- in unpaid wages to respondent no. 3 and Rs. 10,000/- to respondent no. 4, along with a compensation of Rs. 100/- to each. Respondents no. 3 and 4 had filed claims for unpaid wages for the period between July 2015 and March 2016, claiming they had worked as Project Manager and Operator, respectively, and that their wages were not paid by the petitioner.
The petitioner denied any employment relationship with the respondents, stating that their salaries were paid until July 2015, after which they stopped reporting for work. Despite participating initially, the petitioner later stopped attending the trial and was proceeded against ex-parte. The concerned authority ruled in favor of the respondents based on their testimonies, which the petitioner failed to contradict with evidence.
The petitioner contended that the authority had erred in not considering the chief examination affidavit filed by the petitioner, but the court clarified that mere submission of an affidavit is not enough without cross-examination. The court also noted contradictions in the petitioner's claims regarding the employment relationship with the respondents. The petition was ultimately dismissed, and the impugned order was upheld.
Delhi Shops and Establishments Act, 1954