Rajendra Nath Mittal, J. - (1.) THIS judgment of mine will dispose of Civil Revision Nos. 616, 630 and 681 of 1974, which arise out of the similar orders, dated February 8, 1974, of the Senior Subordinate Judge, Amritsar, passed by him under the payment of Wages Act, 1936, (hereinafter referred to as 'the Act').
(2.) BRIEFLY , the facts are that Manohar Lal filed three applications against M/S. Kapur Silk Weaving Mills and Kishan Chand Kapur (hereinafter referred to as 'the employers') for recovery of wages under the Act, A preliminary objection was raised on behalf of the employers that the Court had no jurisdiction to decide the applications as it ceased to be an authority under the Act. On the objection of the employers, the following preliminary issue was framed by the trial Court : Where this Court has ceased to be an authority under the Payment of Wages Act and as such this Court cannot decide this application ?
(3.) THE trial Court held that that Court was still an authority under the Act and as such, was entitled to decide the applications. The employers have come up in revisions against the orders of the Senior Subordinate Judge, Amritsar, to this Court. In order to decide the question whether the Senior Subordinate Judge is no longer an authority under the payment of Wages Act, it is necessary to notice section 15 of the Act and a few notifications. Sub -section (1) of section 15 of the Act deals with the appointment of authority under the Act. The said sub -section is as follows : - - 15(1) The State Government may, by notification, in the Official Gazette, appoint a presiding officer of any Labour Court or Industrial Tribunal, constituted under the Industrial Disputes Act, 1947, or under any corresponding law relating to investigation and settlement of industrial disputes in force in the State or any Commissioner for Workmen's Compensation or other officer with experience as a Judge of a Civil Court or as a stipendiary Magistrate to be the authority to hear and decide for any specified area all claims arising out of deductions from the wages, or delay in payment of the wages, of persons employed or paid in that area, including all matters incidental to such claims. Provided that where the State Government considers it necessary to do, it may appoint more than one authority for any specified area and may, by general or special order, provide for the distribution or allocation of work to be performed by them under this Act. A Notification No. 778. I & L -37 -8120 dated the 26th February, 1937, was issued under the Act by which the Governor -in -Council appointed the Commissioners for workman's compensation in the Punjab notified in Punjab Government Notification No. 905 -6 -25 5, dated the 18th February, 1924, as the authority to hear and decide, within their respective jurisdictions all claims arising out of deductions from the wages, or delay in payment of wages, of persons employed or (sic) with in their jurisdiction. By virtue of Notification No. 905 -6 -2535, dated the 18th February, 1924, the Governor -in -Council had appointed for each of the districts of Ambala, Ferozepore, Lahore, Amritsar, Rawaloindi Lyallpur and Multan, the Senior Subordinate Judge and for each of the remaining districts in the Punjab, the District Magistrate, to be Commissioners of Workmen's Compensation under the Workmen's Compensation Act, 1923. THUS all the aforesaid Senior Subordinate Judges and the District Magistrates became authorities under the Act. In 1957 another notification No. 3095/5943/C Lab. 57/43462, dated the 18th/24th of May, 1957, was issued under section 15 of the Act whereby the Governor of Punjab was pleased to appoint certain Sub Divisional Magistrates and certain Tehsildars, as detailed in the notification, as authorities under the Act. Still another Notification No. S.O. 71/C A -4/36 -S5/1968, dated the 27th April, 1968, was issued under the aforesaid section by which the Governor of Punjab appointed Sub -Divisional Officer and Tahsildar, Anandpur Sahib as authorities to hear and decide within the areas of their jurisdiction of Anandpur Sahib Sub Division, all claims arising out of deduction from the wages or delay in payment of wages of persons employed or paid within the said area. The last Notification No. S.O. 45/C -A -4/36/S -15/72, dated the 22nd November, 1972, which is relevant for the purposes of decision in the present case, was issued, by which the notifications dated May 8, 1957 and April 27, 1968 were superseded, and the Sub -Divisional Magistrates in the State of Punjab were appointed as authorities to hear and decide under the Act. The aforesaid notification is as follows : - - In supersession of the Punjab Government Labour Department Notification No. 3095 -C -Lab -57/43462, dated 18th May, 1957 and No. CA -IV/36/S -15, dated 27th April, 1968 and in exercise of the powers conferred by Sub -section (1) of section 15 of the Payment of Wages Act 1936, (IV of 1936) the Governor of Punjab is pleased to appoint each Sub -Divisional Magistrate in the State of Punjab to be the authority to hear and decide claims arising out of deductions from wages, or delay in payment of wages of persons employed or paid, including all matters incidental to such claims under the said Act, within the area of his respective jurisdiction. ;