K.N.Seth, J. - (1.) This petition is directed against the order of the Prescribed Authority under Payment of Wages Act, dated 14 May 1976, by which he imposed an additional penalty of Rs. 2,420 against the petitioner.
(2.) It appears that respondent 2 made an application to the Prescribed Authority for payment of wages for the period 1 February 1975 to 14 February 1975, which according to the petitioner was due to him. The Prescribed Authority vide its order, dated 1 November 1975, held that respondent 2 was entitled to his wages for the aforesaid period amounting to Rs. 111.50 together with ks. 10 as compensation and Rs. 25 as costs. The Prescribed Authority directed that the amount of Rs. 146.50 be paid by 30 November 1975. The petitioner did not pay the amount within the time allowed by the Prescribed Authority whereupon respondent 2 made an application to respondent 1 under S. 20(6) of the Payment of Wages Act. The petitioner filed his objection and questioned the jurisdiction of respondent 1 to entertain the application under S. 20 (6) of the Act and also regarding the maintainability of the application. The Prescribed Authority repelled the objections of the petitioner and passed an order imposing a fine of Rs. 2,420, on the ground that the petitioner had failed to comply with the order, dated 1 November 1975.
(3.) Learned counsel for the petitioner contended that the fine could not be imposed by the Prescribed Authority as he was not a Court. We find no merit in the contention. Sub-section (6) of S. 20 provides : " If any person fails or wilfully neglects to pay the wages of any employed person by the date fixed by the authority in this behalf, he shall, without prejudice to any other action that may be taken against him, be punishable with an additional fine which may extend to fifty rupees for each day for which such failure or neglect continues.";