- (1.) THIS case has been referred to us for disposal on a report made by Sankar Prasad Mitra, J. under Rule 2 of Chapter 5 of the original Side Rules.
(2.) ON November 15, 1961, the respondent No. 3, an employee of the petitioner, National Tobacco Company of india Ltd. , was served with an order of suspension. On April 12, 1962 he was dismissed. As an industrial dispute was pending on that date before a Tribunal, the petitioner applied under the provisions of section 33 (2) (b) of the industrial Disputes Act, 1947, for approval of the order of dismissal. On december 2, 1964, the Second Labour court to which the case had been transferred, refused to grant its approval. Thereafter, on April 24, 1965, the respondent No. 3 made an application for payment of arrears of wages under section 15 (2) of the Payment of Wages act. It appears from the record that on February 16, 1966, an order was made by the Authority appointed under the Payment of Wages Act enlarging time for making the application under the second proviso to section 15 (2 ). The order for payment was made on may 31, 1968.
(3.) THE petitioner, by means of this writ application, questions the order for payment. The application was heard by Sankar Prasad Mitra J. On behalf of the petitioner it was argued before the learned Judge that though the application was one for payment of arrears of wages which have accrued due from April 1962, the application having been made in April, 1965, was made after expiry of three years from the date from which the period of limitation began to run. In the application for enlargement of time the respondent no. 3 ought to have explained each day's delay. The said respondent having failed to give any explanation the delay should not have been condoned. In these circumstances, counsel contended that the respondent No. 3 may be entitled to wages for 12 months prior to April, 1965, under the provisions of the Payment of Wages Act butt he is not entitled to wages from April 1962, as have been awarded by the order dated May 31, 1968.;