JUDGEMENT
ATTAU RAHMAN MASOODI, J. -
(1.) THIS writ petition was heard at length on 25.5.2015 and a detailed order was passed which is reproduced hereunder:
"By means of this writ petition, the petitioner has, inter alia, made the following prayer: "(i) issue a writ order, or direction in the nature of Certiorari quashing the order dated 17.10.1988 passed by opposite party no. 1 as contained in Annexure no. 9 to the writ petition.
(ii) issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to pay all the admissible dues alongwith the compensation as provided under Section 15(3) and the additional fine as per Section 20(6) of the Payment of Wages Act, 1936 duly calculated upto the date of actual payment."
(2.) THE prayer made in the writ petition is in the context of a background that the petitioner was an employee in Bhagwati Vanaspati Industries Ltd., Amausi, Lucknow and worked as Filling Supervisor. It is also settled that the petitioner was appointed on 1.5.1980 on a monthly wages of Rs. 466.00.
(3.) THE record shows that the petitioner was disengaged from service on 8.8.1982 but his wages w.e.f. 1.11.1981 to 7.8.1982 were not paid, as a result the petitioner raised a grievance before the prescribed authority under the Payment of Wages Act by by filing P.W. Case No. 141/82. The petitioner had raised a specific dispute for non payment of his wages w.e.f. 1.11.1981 to 7.8.1982, which claim, on being adjudicated upon by the prescribed authority was decided by judgement and order dated 16.8.1984. By order dated 16.8.1984, a total claim of Rs. 3646/ - was settled in favour of the petitioner, which became payable to him. Execution proceedings were initiated for payment of the said amount and it is admitted that a cheque of Rs. 3646/ - was handed over to the petitioner in the year 1991 and has been encashed under protest.
The petitioner, feeling aggrieved against the order dated 16.8.1984 passed by the prescribed authority, filed an appeal before the Court of III A.D.J. being C.M. Appeal No. 169 of 1984.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.