RAM LUBHAYA BHATIA Vs. DIVISIONAL SUPDT NORTHERN RAILWAY NEW DELHI
HIGH COURT OF PUNJAB AND HARYANA
RAM LUBHAYA BHATIA
DIVISIONAL SUPDT. NORTHERN RAILWAY, NEW DELHI
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(1.) THE question involved in this petition for revision which has been referred to a division Bench is whether there is any right of appeal-under Section 17 (1) of the payment of Wages Act, 1936 (hereinafter called the Act) when an application under Section 15 has been dismissed by the-Authority constituted under the Act.
(2.) BRIEFLY the facts are that the petitioner is a Sation Master in the employ of northern Railway. He filed two applications under the-Act. His allegations were that since 13-1-1954, he had not been paid his salary in full and that unauthorised deductions had been made therefrom by withholding increments in contravention of the Act. He claimed a refund of Rs. 1. 130/- and also compensation at ten times the amounts deducted by the Railway Administration. The position taken by the respondent was that the petitioner had been under suspension and had been paid half pay as allowance during the period of suspension in accordance with the rules. It was further stated that the Authority had no jurisdiction to go into the legality of the suspension of the petitioner.
(3.) ON 10-3-1955, the Authority dismissed the application on the ground that the petitioner was being paid subsistence allowance during the period of suspension and was not entitled to full wages. Against this order the petitioner preferred an appeal to the District Judge of Sangrur. By his order dated 23-5-1955, the District judge dismissed the appeal on the ground that no direction had been made by the authority and therefore, no appeal was competent under Section 17 (1) of the Act. The petitioner then preferred a petition for revision to the then Pepsu High Court which was heard by Mehar Singh J. , who noticed the-conflict of authority on the question and referred the matter for decision by Division Bench.;
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