Vikas Kumar Mahajan v. Dev Raj & Ors.

Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Naresh K. Sharma, Advocate, for the petitioner in CMPMO No.459 of 2024 and for respondents No.2 and 3 in CMPMO No.572 of 2024. For the Respondents: Mr. Vishal Bindra, Advocate, respondent No.1 in both the petitions. Mr. Diwakar Dev Sharma, Addl. Advocate General, for respondent No.2/State in CMPMO No.459 of 2024 and for the petitioner in CMPMO No.572 of 2024. Bipin Chander Negi, Judge (oral). The present petitions have been preferred against the impugned order dated 01.01.2024, passed by the leaned Senior Civil Judge, Ghumarwin, District Bilaspur, HP in WCA No.2-2 of 2022, whereby an application filed by respondent No.1 seeking direction for release of salary/wages for the period of 15 months i.e. from June, 2022 till October, 2023, has been directed to be released.

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2

Heard counsel for the parties, perused the impugned order and the records appended along with the petition.

Petition under Section 20 of the Minimum Wages Act, 1948 for recovery on account of arrears of wages upto September 2022 and for recovery of salary, which accrues during the pendency of the petition was instituted by respondent No.1 on 22.09.2022. From a perusal of the replies, which have been filed by the present petitioner and respondents No.2 and 3, it is evident that engagement of present respondent No.1 has been categorically denied.

Along with the main petition an application had been filed by respondent No.1 seeking direction against the present petitioner and respondents No.2, 3 not to remove respondent No.1 from the work. The said application was decided on

27.05.2023. In the same, the petitioner-respondents No.2 and 3 were directed to maintains status quo with respect to the present status of respondent No.1, if said respondent No.1 was continuing in the job. The said application was decided on

27.05.2023.

Subsequent to the aforesaid, an application for release of salary for the period June, 2022 till October, 2023 was filed. Post completion of pleadings and after hearing the parties, the impugned order dated 01.01.2024 was passed, directing petitioner-respondents to release salary of 15 months, as was being claimed by respondent No.1. 3

The salary for the said period amounting to Rs.45,000/- stands deposited in the Registry of this Court. Keeping in view the nature of the controversy, wherein the petitioner- respondents No.2 and 3 are categorically denying engagement of respondent No.1, I deem it appropriate that the learned trial Court determine this issue, as expeditiously as possible, subject to the convenience of the learned trial Court in the main lis pending before the learned trial Court in this respect, wherefrom the present proceedings have arisen. The amount deposited before this Court, shall abide by the final outcome of the lis before the learned trial Court.

Parties are directed to present before the learned trial Court on 28.11.2025. Records be returned back forthwith. (Bipin Chander Negi) Judge 12th November, 2025 (Gaurav Rawat)