- (1.)THIS application is directed against an appellate order of the District Judge under the Payment of Wages Act. It purported to be under Section 115, Civil Procedure Code and under Article 227 of the Constitution. It was held in Mewar Textile Mills, Bhilwara v. Girdharl Singh 1957 R. L. W. 77 : I. L. R. Raj. 1077 that the authority appointed under Section 15 of the Payment of Wages Act is not a Court within the meaning of the Civil Procedure Code and no revision lies against an appellate order passed under the Payment of Wages Act. This application has been entertained under Article 227 of the Constitution.
(2.)THE facts necessary for the disposal of this application are these. The applicant Vishwa Deo, who is a graduate, was recruited as a Clerk in the Jodhpur Railway in 1938. He was in grade Rs. 55-3-85-E. B.-4125-5-130, when as a result; of the recommendation of the Central Pay Commission, the railway board issued circular No. 49-CPC/pet/32, dated 8 October 1949, the material portion of which runs as follows: It has been represented to the board that clerks who were recruited with stipulation that the minimum qualifications for recruitment was a university degree have been placed in the prescribed scales of Rs. 55-130 and Rs. 80-160 instead of the scale Rs. 80-5-120-E. B.-8-200/0/2-220 recommended by the Civil Procedure Code. The Government of India have reviewed the position and have decided that clerks recruited with the stipulation of a minimum qualification of a university degree should be allowed the scale of Rs. 80-5-120-EB.-8-200/2-220 as personal to themselves. No separate cadre for the posts on the scale of Rs. 80-200 will be created and the granting of the scale as personal to the Incumbents win not affect their present seniority and promotions.
(3.)THE applicant claimed that he was entitled to be treated as a clerk recruited with the Stipulation of a minimum qualification of a university degree. The claim was not allowed by the departmental officers. He made a representation to the higher authorities which was rejected. The Jodhpur Railway invited applications from graduates for the post of clerks by means of an advertisement inserted in the Jodhpur Government Gazette, dated 4 June 1948. The applicant had filed an applications for being recruited as a clerk on 1 June 1938 before this advertisement was published. His case is that he was subjected to a written test along with other candidates who had filed applications in pursuance of the advertisement appearing in the Jodhpur Gazette, dated 4 June 1938 and was selected as a graduate clerk under that advertisement. As the departmental officers did not accept his claim, he filed a representation to the higher authorities which was rejected in 1956. Thereafter he preferred a claim under Section 15 of the Payment of Wages Act, 1936, alleging that he was entitled to get wages In the scale of Rs. 80-5-120-E. B.-8-200/0/2-220. The claim was opposed by the railway. The Authority under the Payment of Wages Act went into the question as to whether the applicant was or was not recruited a graduate clerk in 1938 and found in his favour. The claim was accordingly allowed. Against that order the railway preferred an appeal to the District Judge under Section 17 of the Payment of Wages Act. Reliance was placed on the decision of the Supreme Court in Costa (A. V. D.) v. Patel (B. C.) 1955--I L. L. J. 363. The learned District Judge held that the decision was not applicable to the facts of the present case and dismissed the appeal. Against that order to present application has been filed.
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