SANGEETA CHANDRA, J. - (1.) The above mentioned writ petition has been filed by the petitioner which is a Central Government Company against the order dated 06.03.1991 passed by the Prescribed Authority under the Payment of Wages Act i.e. the Assistant Labour Commissioner, Gorakhpur Region, Gorakhpur and the judgment dated 08.10.2001 passed by the Additional District Judge, Court No. 9, Gorakhpur, the Appellate Authority, under Section 15 of the Payment of Wages Act.
(2.) Heard Mr. Arun Kumar holding brief of Mr. R.S. Mishra, learned counsel for the petitioner and Mr. Komal Mehrotra holding brief of Mr. Arvind Kumar, learned counsel for the private respondent Nos. 4 to 22 and the learned Standing Counsel for State-Respondents.
(3.) The facts in brief, relevant for the controversy, are that the respondent Nos. 4 to 22 filed nineteen separate applications under Section 15(2) of the Payment of Wages Act, 1936 (hereinafter referred to as the Act, 1936) before the Prescribed Authority under the Payment of Wages Act, the Assistant Labour Commissioner, Gorakhpur Region, Gorakhpur claiming a total sum of Rs. 400/- as bonus for the year 1984- 1985 and ten times of the said amount as compensation. Each of the nineteen respondents in their objections claimed the same amount of the bonus as compensation for the same period against the petitioner and the respondent No. 3, Dubar, who is a registered contractor of the petitioner. These objections were filed making almost identical allegations that the respondent Nos. 4 to 22 had been working as Mazdoor in the Fertilizer factory of the petitioner for several years under the contractor Ram Dubar. They were entitled to bonus for the year 1984-1985 of Rs. 400/-. But it was illegally deducted from their wages by the contractor. In terms of the provisions of the Act not only were the respondent Nos. 4 to 22 entitled for illegally deducted bonus but also to ten times of the said amount as compensation.;