J.V. Gupta, J. - (1.) Respondent Hari Singh filed an application under section 15(2) of the payment of wages Act for a direction under section 15 (3) of the Act for the refund of wages illegally deducted. According to him he was being paid Rs. 778.40 per mensem as wages instead of Rs. 900.40 per mensem to which he was legally entitled since 1.11. 1981. On an enquiry he came to know from the concerned Clerk that the deduction of Rs. 122.00 per mensem was being made on account of certain orders withholding annual increments with cumulative effect. According to respondent Hari Singh, the said orders were neither passed nor even communicated to him and, are not binding on him. He further pleaded that the said orders are illegal as the.same have been passed against the provisions of Punjab Civil Services (Punishment and Appeals Rules, 1970. This application was contested on behalf of the State of Punjab. The authority under the Payment of Wages Act came to the conclusion that the orders for deducting the wages with cumulative effect were illegal as the same were passed without holding an enquiry. According to the said authority, stopping of increments with cumulative effect was a major punishment requiring the procedure covered under Rules 8 and 9 of the Rules to be followed. As a result of this finding, the application was allowed and the State was directed to pay the deducted wages. Dissatisfied with the same the State filed an appeal. The learned Additional District Judge, Jalandhar maintained the said order of the authority under the Act on the ground that since no domestic enquiry was held and the stopping of increments with cumulative effect is a major penalty, orders passed were illegal. Dissatisfied with the same the State has filed this petition in this Court.
(2.) At the time of motion hearing, the learned counsel for the State cited Sarwan Singh Vs. The State of Punjab and others, I L.R. 1985 (2) Punjab and Haryana 193 which is a Division Bench judgment of this Court wherein it was held that the stoppage of increments with cumulative effect is a minor penalty and would fall under ex clause (iv) of Rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970.
(3.) No one is present on behalf of respondent inspite of personal service.;