On the recognition of illegal and cancellation of regulations on the elimination of violations on the payment of wages by the employer
No. 6001-22-00-6ap/1877 dated 03/09/2023
Plaintiff: T.A.
Respondent: State Institution "Labor Inspection Department of Akimat of Kostanay region"
The subject of the dispute: on the recognition and cancellation of Regulations No. 228 of September 29, 2021 on the elimination of violations, No. 228/1 of September 29, 2021 on the payment of wages by the employer
Review of the defendant's cassation complaint PLOT:
On the basis of interested parties, the inspector of the State Department conducted an inspection of KH "A" in the period from September 27 to September 29, 2021 on the issue of non-payment of wages as employees of the enterprise.
Based on the results of the inspection of farm "A", the state inspector issued and handed over orders: No. 228 dated September 29, 2021 on the elimination of violations and No. 228/1 dated September 29, 2021 on the payment of wages by the employer by October 11, 2021 to eight employees for the period from September 2020 to June 2021 for a total amount of 7,303,856 tenge.
The head of the farm was brought to administrative responsibility. The regulations were not fulfilled within the prescribed time, and therefore,
Order No. 228/1 was sent on October 13, 2021 to the Russian Civil Protection Agency for compulsory execution.
Judicial acts:
1st instance: the claim was denied.
Appeal: the decision remains unchanged.
Cassation: judicial acts are cancelled, the claim is returned.
Conclusions:
According to subparagraph 4) of the second part of Article 138 of the CPC, the court issues a ruling on the return of the claim if the application is signed by a person who does not have the authority to file it.
It follows from the case file that the plaintiff (an individual who is not an employee or employer) is challenging an administrative act (order) that does not have a direct adverse effect on him.
The plaintiff's property interests are protected by a 2016 court decision that entered into force, and enforcement proceedings have been initiated for the purposes of its execution. Chapter 7 and Article 125 of the Law "On Enforcement Proceedings and the Status of Bailiffs" (hereinafter referred to as the Law) provide for the procedure for foreclosing on the debtor's property, the debtor's liability and the consequences of non–fulfillment of enforcement documents (administrative and criminal liability).
In the case of unfair actions by the KX, the plaintiff should exercise his right of protection within the framework of the relevant Law.
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