HC Upholds Delay Condonation by Joint Commissioner Under Payment of Wages Act

Case Details: M.V.Ranga Rao vs. Joint Commissioner of Labour [2025] 180 taxmann.com 212 (HC-Andhra Pradesh)

Judiciary and Counsel Details

• Dr Venkata Jyothirmai Prajapa
• M. Pitchaiah for the Petitioner.
• Syed Khader Mastan for the Respondent.

Facts of the Case

In the instant case, the Respondent No.2, claiming to be an employee, preferred a petition before the Joint Commissioner of Labour to condone the delay in preferring a petition seeking an amount towards wage differences, overtime wages and Sunday & National Festival Holiday Wages from 2013.

The petitioner submitted that the Joint Commissioner of Labour was not the appropriate authority, and that the respondent No.2 had to file a petition before the Authority under the Minimum Wages Act, 1948, rather than under the Payment of Wages Act, 1936.

It was noted that the petitioner before the authority was a workman. Further, he initially approached the Assistant Labour Commissioner, but, as the dispute was not resolved amicably, he approached the authority with a delay.

High Court Held

The High Court held that though the order was not specific about the reasons for delay, the Joint Commissioner of Labour had rightly exercised discretion since respondent No. 2 was a workman.

Further, taking into consideration all facts and circumstances of the case, viewed from any angle, there was no ground to interfere with the impugned order and, therefore, the writ petition was to be dismissed.

List of Cases Reviewed

• Order of the Joint Commissioner of Labour, Guntur in P.W.M.P.No. 2 of 2017 dated 03.05.2018 (para 7) affirmed