S.C.Verma - (1.) RAJA Ram Yadav and 38 other being respondents 3 to 41 filed an application under section 15 (2) of the Payment of Wages Act being case No. 95 of 1979 on 11th June, 1979 before the Prescribed Authority claiming deducted of wages of Rs. 1.45 per day per employee from June, 1978 to 31st May, 1979 amounting to Rs. 17643,60 as also compensation amounting to Rs. 1,76,443.00.
(2.) THE respondents claimed to be daily wage employees who were paid Rs 5 per day whereas according to the order No. 1766 dated 8-5-1975, they were entitled to daily wages at the rate of Rs 5.45 with effect from 1-3-1975. According to the respondents, they were working at the Workshop of U. P State Road Transport Corporation, Gorakhpur, hereinafter referred to as 'the Corporation.' The claim of the respondents was contested by the corporation and it was alleged that the employees in question were working at the rate of Rs. 120/- per month and not as daily wage employees at the rate of Rs. 4/- per day. It was further alleged that they were actually part time employees on monthly basis and were given weekly rest day in accordance with the terms of the employment. The respondents accepted the terms of employment and received their salary without any objection. Moreover, the respondents have filed their case under the U. P. Industrial Disputes Act for increase of their wages which is pending and as such the present proceedings under the Payment of Wages Act are not maintainable. The Prescribed Authority under the Payment of Wages Act firstly condoned the delay in filing the application under section 15 of the Act and further held that the claim is maintainable under the provisions of the Payment of Wages Act as the present dispute is not in regard to determination of wages but the claim of the employees was for the amount of unlawfully deducted wages to which they were otherwise entitled under the Order dated 8-5-1975. The Prescribed Authority allowed the application and held that the respondents are neither part time employees for they were employed on monthly wages. On the other hand, they were full time employees and were given Rs. 4/- per day as daily wages. It has further been held that according to Order No 1766 dated 8-5-1975, the respondents are entitled to Rs. 5.45 per day as daily wages and since they have been paid wages at the rate of Rs. 4/- per day only, they are entitled to Rs. 1.45 per day as deducted wages. The Prescribed Authority granted the relief of deducted wages of Rs. 452.40 and Rs. 2262 00 as five times compensation plus Rs 10/- as costs to each of the employees by the impugned orders dated 18-2-1980 and 6-5-1990, filed as Annexures '6' and '7' to the writ petition.
(3.) THE Corporation, being aggrieved against the aforesaid orders, filed Miscellaneous Appeal No 135 of 1980 before the District Judge, Gorakhpur which has also been dismissed by order dated 1-1-1981. THE learned Vllth Additional District Judge modified the amount of cost and fixed total cost of Rs. 10/- to all the employees instead of Rs. 10/- to each employee. THE orders dated 18-2-1980 and 6-5-1980 passed by the Prescribed Authority and the order dated 1-1-1981 passed by the appellate authority have been impugned in the present writ petition filed by the Corporation. The petitioner has challenged the jurisdiction of the Prescribed Authority under the Payment of Wages Act to entertain the present dispute which mainly related to the determination of wages and the nature of employment of the employees. According to the learned counsel for the petitioner Sri S. K. Sharma, since the employee have already taken recourse to remedy under the U. P. Industrial Disputes Act which was pending, the initiation of proceedings under the Payment of Wages Act were not maintainable. The learned counsel for the petitioner further contended that the terms of appointment are established from the appointment letter itself and the respondents being part time monthly employees and having accepted the employment and the salary without any objection, they can not subsequently claim their employment on daily wage at the rate of Rs. 5.45 per day. He further submitted that the main dispute to be determined is whether the employees were part time workers or full time workers as also whether they were daily wage employees or were working on monthly basis at the rate of Rs. 120/- per month. The learned counsel for the petitioner lastly argued that even if the present dispute is treated to be covered under the provisions of section 15 of the Payment of Wages Act, it would not be a case of deduction of wages but a case of delay in payment of wages as there was a bonafide dispute as to the amount payable to the employed persons Reliance has been placed on the decision O. P. Goel v. Lakshmi Ratan Engineering Works Ltd., 1973 ALJ 538.;