D.P.Singh, J. - (1.) Heard Sri N.D. Shukla, learned counsel for the petitioner and Sri Indal Singh, learned counsel for the workman at length.
(2.) The writ petition arises out of proceedings under Section 15 of the Payment of Wages Act, It is admitted position that the respondent No. 3 who was posted as Peon-cum-Guard with the petitioner Bank worked at least from 24th October, 1979 to 30th June, 1981 when his services were terminated on 1.7.1988. The aforesaid termination resulted in a reference under Section 4K of the U. P. Industrial Disputes Act. The labour court passed an award dated 29th January, 1986 whereby the respondent workman was reinstated with full back wages and restored to his position as on 1.7.1981 with the same salary. The petitioner challenged the award through a writ petition before this Court. However, the writ petition was dismissed by this Court by an order dated 17th July, 1986. Thereafter, since the salary was not being paid to the respondent workman, he lodged a case under Section 15 of the Payment of Wages Act which application was allowed vide order dated 22nd June, 1989. The appeal against the said order was also dismissed on 9th January, 1991. Both these orders have been challenged in this writ petition.
(3.) Counsel for the petitioner raised three submissions before me : (1) Bonus and leave encashment not being wages as defined under the Act, thus the application was not maintainable. (2) Application was time barred, therefore, no relief could be granted to the workman. (3) In any event, in view of the facts of the present case, the workman was not entitled for compensation.;