- (1.) LEARNED counsel for the petitioners has submitted that the impugned order dated 23rd March, 2012 passed by the Addl. Session Judge, No.1, Alwar enhancing the compensation payable for contravention of provisions of the Payment of Wages Act, 1936 (the 'Act of 1936' for brevity) in respect of delayed payment of wages from 2,000/- to 10,000/- are wholly without jurisdiction and contrary to specific provision of Section 15(3) of the Act of 1936, which read thus:- "When any application under sub-section (2) is entertained, the authority shall hear the applicant and the employer or other person responsible for the payment of wages under Section 3, or give them an opportunity of being heard, and, after such further inquiry, if any, as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this Act, direct the refund to the employed person of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount deducted in the former case and not exceeding three thousand rupees but not less than one thousand five hundred rupees in the latter, and even if the amount deducted or delayed wages are paid before the disposal of the application, direct the payment of such compensation, as the authority may think fit, not exceeding two thousand rupees. "
(2.) IT is submitted that in terms of the aforesaid section, the maximum compensation payable in respect of delayed payment of wages is Rs. 2,000/-. The submission therefore, is that the order dated 23rd March, 2012 is liable to quashed and set aside on the aforesaid ground only. Counsel for the respondent could not controvert the submission made by the learned counsel for the petitioner.
(3.) HAVING heard the learned counsel for the parties and perused the petition including the impugned order, I am of the considered opinion that the impugned order dated 23rd March, 2012 deserves to be set aside and the matter remanded to the Additional Session Judge, No.1, Alwar for deciding the appeal afresh in accordance with the provisions of the Act of 1936. The appeal, consequent to this order of remand, be decided within a period of one month.;