- (1.) Heard learned counsel for the parties. This writ petition is directed against an interim order passed by Prescribed Authority under Payment of Wages Act, 1936/Deputy Labour Commissioner, U.P. Gorakhpur in Case No. D.C.P.W.-37 of 1998, Samiullah and 85 others v. General Manager, N.E. Railway, Gorakhpur and four others, dated 22.9.1999 holding the case to be maintainable before it. The 86 employees of the North East Railways had claimed running allowance from May, 1997 till November, 1998.
(2.) During arguments learned counsel for respondents stated that w.e.f. December, 1998 running allowance was paid to the employees, however it was stopped through order dated 31.10.2008 and recovery of the payment of the said allowances paid in the past was also directed to be made. Against the said order claim has been filed before Administrative Tribunal. Para-9 of the supplementary rejoinder affidavit on behalf of petitioners and para-5 of supplementary counter affidavit in which it has been stated that before-C.A.T., Allahabad, respondents have filed O.A. No. 167 of 2009 against order dated 31.10.2008. Learned counsel for the petitioners Sri A.K. Gaur has also argued that the claim was barred by the provisions of Administrative Tribunals Act and it ought to have been filed before Central Administrative Tribunal.
(3.) As far as the last argument is concerned, it is concluded by the authority of the Supreme Court reported in Krishna Prasad Gupta v. Controller, 1996 AIR(SC) 408, holding that jurisdiction of the authority to entertain claim cases under Section 15 of Payment of Wages Act is not affected by establishment of Administrative Tribunal as the authority falls within the exception indicated under Section 28 of Administrative Tribunals Act. The said authority has been referred to in the subsequent authority of the Supreme Court reported in Ajay D. Panalkar v. Management of Pune Telecom. Department, 1999 AIR(SC) 538.;