UNION OF INDIA Vs. PRATAP RAI
HIGH COURT OF RAJASTHAN
UNION OF INDIA (UOI)
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(1.) THIS is a revision application by the Union of India against an appellate decree of the District Judge, Bika-ner, allowing wages to the respondent for the period 25-7-61 to 21-3-62. The application has been contested on behalf of the respondent.
(2.) THE respondent was posted as goods clerk at Sarai Rohilla Railway Station, northern Railway. His transfer to Jamsar in Bikaner Division was ordered on 15-761, before he could join at Jamsar he fell ill on 18-7-61 and remained under the treat- ment of the railway doctor till 24-7-61. On that date he sent a letter to the railway authorities intimating that since the treatment of the railway doctor had not done him any good he had no option but to take treatment from a private doctor. He reported back on duty on 17-3-62. He accordingly joined duty at jamsar on 24-3-62. The Divisional Personnel Officer granted him leave without pay from 25-7-61 to 21-3-62. As no wages for this period were paid to him he filed a claim under Section 15 of the Payment of Wages Act.
(3.) THE Payment of Wages Authority dismissed his claim. The respondent preferred an appeal to the District Judge and the appellate authority has allowed it. Against this order the present revision application has been filed on the ground that the order of the Divisional Personnel Officer granting leave without pay to the respondent was an order of a competent authority within the meaning of Section 7 (2) (h) of the Payment of Wages Act and the Payment of Wages Authority had no jurisdiction to go behind it.;
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