BHARATI SAPRU, J. - (1.) Heard learned counsel for both the parties. This writ petition has been filed against a judgment dated March 10, 1987 passed by the District Judge in an appeal filed by the respondent-workman under Section 20 of the Payment of Wages Act, 1936.
(2.) The undisputed facts of the case are that the respondent-workmen were working with the petitioner belonging to skilled category, in the trade of electrician, having the designation of Assistant Electrician. In exercise of it power under Section 3(b) of the U.P. Industrial Disputes Act, the State of U.P. issued a notification dated September 26, 1980 fixing the minimum wages included the petitioner's salary plus Dearness Allowances. The petitioner's industry had more than 1100 workmen and, therefore, was to be included in the 'G' Category. Under Clause 3 of the notification, the rates of basic wages were specified for skilled workmen to be Rs. 338.92. The variable D.A. was to be given at the rate of one rupees over 381 points. Under the same notification Clause 5, it was provided that: "Vernacular matter omitted."
(3.) Such being the position, large body of the workmen of the petitioner Company accepted the wages, which were being given to skilled workman @ 558 (sic) at that time. This was the total wage including all the components of the wage. However, the respondent- workman filed an application under Section 15 of the Payment of Wages Act, who claimed a sum of Rs. 5,506.65 for the period September, 1980 to June, 1982 claiming that the employer has paid less wages that is those payable to him under the notification dated September 26, 1980. The workmen also paid compensation equivalent to ten times of the original claim.;