- (1.) Writ petition is directed against the order passed by Prescribed Authority on 30.5.1996 declaring that ' 4,429.60 and 6.163.00 from the wages of respondents 2 and 3 were wrongfully deducted by the petitioner and, therefore, this amount shall be paid along with the compensation of ' 17,718.40 and 24.652.00.
(2.) Petitioner did not avail statutory remedy of appeal under Section 17 of Payment of Wages Act, 1936 (hereinafter referred to as "Act") but straight-way filed writ petition on the ground that impugned order is wholly without jurisdiction. On a query as to how the order is without jurisdiction, he submitted that sum of ' 1,529.19 and 3,263.91 was deducted by the petitioner being loss caused by respondents and, therefore, the same could not have been claimed under Section 15 of the Act before the Prescribed Authority. However, on enquiry learned counsel for petitioner could not show any order of punishment of recovery passed by employer for recovering the said amount as the alleged loss. He only says that show cause notice was issued to respondents 2 and 3 but, thereafter, he could not show any final order passed by the petitioner.
(3.) In the circumstances, it cannot be said that the amount was not wrongfully deducted by employer and Prescribed Authority under Section 15 had no jurisdiction to entertain the matter.;