J.M. Tandon, J. - (1.) Nirmal Singh respondent was employed as a Conductor with Punjab Roadways, Jullundur. He was suspended on March 24, 1969 and his services were terminated on June 12, 1969. The respondent challenged the order terminating his services in the Civil suit which was decreed in his favour on Oct. 23,1970. The court held that the order of his termination was wrongful and illegal and further he shall be deemed to be in service of Punjab Roadways, Jullundur. The respondent then filed a suit for the recovery of Rs. 3,909 as arrears of pay from March 24, 1960 to Dec. 3, 1970, and Rs. 1,091 on account of bonus for the years 1968-69, 1969-70 and 1970-71. This suit was later on withdrawn on May 14, 1974. On May 20, 1974, the respondent submitted an application under section 33 - C (2) of the Industrial Disputes Act claiming Rs. 3,909 on account of arrears of salary and Rs. 1,091 by way of bonus. The Labour Court, Jullundur, vide its order dated Oct. 18, 1974, (Annexure JJ. 1) allowed Rs. 3,892.15 on account of salary to the respondent against Punjab Roadways, Jullundur, .for the period from March 24, 1969 to Dec. 3, 1970 His claim for bonus was dismissed. It is against this order that the State of Punjab, the General Manager, Punjab Roadways, Jullundur, have filed the present writ petition.
(2.) The learned counsel for the petitioners has argued that after having obtained a declaratory decree on Oct. 2, 1970, to the effect that the order terminating the services of the respondent was wrongful and illegal, the latter had two remedies open to him for the recovery of arrears of pay. He could either file a civil suit or a petition under section 33 - C (2) of the Industrial Disputes Act. The respondent filed a civil suit for the recovery of arrears which he withdrew on May 14,1974, After having filed the suit, he could not file a petition under section 33 - C (2) of the Industrial Disputes Act on May 20, 1974, irrespective of the fact that the suit was got dismissed as withdrawn on May 14, 1974. I see no force in this contention. The Payment of Wages Act is applicable to Punjab Roadways, Jullundur, of which the respondent was an employee. The respondent could not maintain a suit for the recovery of wages, the same being barred under section 22 of the Payment of Wages Act. The civil suit filed by the respondent for the recovery of arrears of pay was, therefore, not maintainable which was rightly got dismissed as withdrawn, Under these circumstances, the filing of the civil suit would not tantamount to availing of the alternative remedy debarring the respondent from filing an application under section 33 - C (2) of the Industrial Disputes Act.
(3.) No other point has been argued.;