RISAL SINGH Vs. UNION OF INDIA
HIGH COURT OF PUNJAB AND HARYANA
UNION OF INDIA
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Falshaw, J. -
(1.) These two revision petitions filed by Risal Singh and Gobind Singh are both against orders of the Authority constituted under the Payment of Wages Act (No. IV) of 1936 dismissing the petitioners' applications under Section 15 of the Act, and although the details are not identical the point involved is much the same.
(2.) Briefly the facts in the case of Risal Singh are that he was employed as an Inspector in the Watch and Wards Department of the Eastern Punjab Railway and in 1948, after being reduced to the rank of Sub-Inspector, he was removed from service by an order of the Divisional Commercial Officer, Watch and Ward, Delhi, dated 9-11-1948. After protesting unsuccessfully to the higher authorities that both his reduction in rank and removal from service contravened the provisions of Section 240 of the Government of India Act, 1935 Risal Singh instituted a suit in December, 1951 for a declaration that his reduction in rank and removal from service were illegal and that he still continued to be as Inspector in the Watch and Ward Department, and he was successful in obtaining a decree on 9-11-1951.
(3.) The authorities did not appeal against this decree and eventually gave effect to it by restoring Risal Singh as an Assistant Inspector, Watch and Ward, Northern Railway at Delhi as from 31st of August 1954 at a salary of Rs. 1407-p.m. plus Rs. 55/-as dearness allowance. In the letter by which his restoration was communicated it was stated that the period of his absence from the date of his removal from service i.e., 9-11-1948 to the date of his resumption of duty should be treated as leave without pay.;
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