- (1.) Heard Sri Gopal Kumar Srivastava, learned counsel for the petitioner and Sri Radhey Shyam Mishra-respondent 3, in person.
(2.) This writ petition, under Article 226 of Constitution of India, has come up against order dated 08.04.1988 passed by Prescribed Authority under Section 15(2) of Payment of Wages Act, 1936 (hereinafter referred to as the "Act, 1936") in D.C.P.W. 84 of 1985, directing petitioner-employer to pay Rs. 2257.50 towards leave encashhment wages and five times compensation, i.e., Rs. 11287.50 (a total sum of Rs. 13545.00); and against appellate order dated 14.12.1994 passed by Sri R.P. Lawania, Vth Additional District Judge, Gonda dismissing Misc. Revenue Appeal No. 18 of 1988.
(3.) The brief facts necessary to understand the dispute are that respondent 3- Sri Radhey Shyam Mishra was employed as Clerk in Central Bank of India (hereinafter referred to as the "Bank') and was posted at Lal Bahadur Shastri Degree College Extension Counter, Gonda. On account of certain alleged act constituting misconduct, respondent 3 was placed under suspension and ultimately dismissed from service w.e.f. 28.04.1985. Respondent 3 filed application dated 23.08.1985 before Prescribed Authority appointed under Act, 1936, stating that 31 days earned leave was due to him and on the date of his dismissal he was entitled to get wages in lieu of said earned leave under Section 10(7) of U.P Shops & Commercial Establishment Act, 1962 (hereinafter referred to as the "U.P. Act, 1962"), which was not paid by Bank, therefore, value of 31 days earned leave i.e. Rs. 1568.51 be directed to be paid to him alongwith compensation.;