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Allahabad High Court

M/S ECO PRO. ENGINEERS PRIVATE LLIMITEDversusPRESIDING OFFICER, PAYMENT OF WAGES ACT, 1936/DEPUTY LABOUR COMMISSIONER GHAZIABAD AND ANOTHER

Decided

Holding

The review application is dismissed as there is no sufficient ground to revisit the original order.

Summary

Eco Pro Engineers Private Limited filed a review application challenging the High Court's order dated 20 July 2026, which had disposed of its writ petition and allowed it to seek an alternative remedy under the Payment of Wages Act. The applicant first sought condonation of delay in filing the review, which the court granted after being satisfied with the explanation. Upon hearing, the court found no merit in revisiting the original order, noting that the petitioner had been given liberty to pursue the alternative remedy and that a separate recall application had already been rejected. Consequently, the review application was dismissed. The judgment underscores that a review is not warranted where the original order already provides a viable alternative remedy.

Issues considered

  • Whether the delay in filing the review application should be condoned.
  • Whether there are sufficient grounds to grant a review of the order dated 20 July 2026 disposing the writ petition.

Legislation cited

Subjects

  • review
  • condonation of delay
  • alternative remedy
  • Payment of Wages Act
  • High Court of Allahabad
  • writ petition

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                        CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 273 of
                                                               2026

                                    M/S Eco Pro. Engineers Private Llimited
                                                                                                   .....Applicant(s)
                                                                         Versus

                                    Presiding Officer, Payment Of Wages Act,
                                    1936/Deputy Labour Commissioner Ghaziabad And
                                    Another                                                            .....Opposite
                                                                                                             Party(s)

                                    Counsel for Applicant(s)                       :   Sarwar Ali Siddique
                                    Counsel for Opposite Party(s)                  :   C.S.C.

                                    Court No. - 36
                                                HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    Order on Delay Condonation Application No. 1 of 2026

                                    1. This is an application seeking condonation of delay in review application.

                                    2. Delay in filing review application is explained satisfactorily. It is hereby
                                    condoned. The application is accordingly allowed.

                                    Order onReview Application

                                    1. Heard Sri Sarwar Ali Siddique, learned counsel for review applicant.

                                    2. The Court does not find any reason to review the order dated 20.07.2026
                                    passed in Writ-C No. 27386 of 2026, whereby writ petition was disposed of
                                    with liberty to petitioner to avail alternative remedy as admittedly against the
                                    main order, there is an alternative remedy. By way of other impugned order
                                    a recall application was rejected.

                                    3. The review application is accordingly dismissed.

                                    September 14, 2026
                                    AK                                            (Saurabh Shyam Shamshery,J.)




Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad


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