In Brief
The petitioner filed a wage-default complaint under the U.P. Industrial Peace (Timely Payment of Wages) Act, 1978 against his employer Nestle India Limited. The Assistant Labour Commissioner sent a notice to the Factory Manager requesting a reply. The petitioner challenged this, arguing that under Section 3(1) of the Act read with Rule 4 of the Rules and the statutory definition of 'occupier', the notice should have been sent to the 'occupier' (the employer or designated officer), not the Factory Manager. The Court agreed, holding that strict procedural compliance with the rules is mandatory and that the Factory Manager has no statutory role in wage-claim proceedings. The Court quashed the improper notice and remitted the matter for fresh proceedings properly addressed to the 'occupier'."
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