GENERAL MANAGER WESTERN RAILWAY Vs. AUTHORITY UNDER PAYMENT OF WAGES ACT
LAWS(RAJ)-1992-8-8
HIGH COURT OF RAJASTHAN
Decided on August 06,1992

GENERAL MANAGER, WESTERN RAILWAY Appellant
VERSUS
AUTHORITY UNDER PAYMENT OF WAGES ACT Respondents

JUDGEMENT

- (1.) AN interesting question which arises for determination in this Revision Petition is as to whether jurisdiction of the Court of Small Causes or District Court to hear Appeals against an order passed under Section 15 of the Payment of Wages Act, 1936 (for short 'the Act of 1936') by a competent authority stands excluded by virtue of the provisions of the Administrative Tribunals Act, 1985 (for short 'the Act of 1985' ).
(2.) AN application under Section 15 (2) of 1936 Act was filed by respondent No. 2 before the Authority appointed under the Act of 1936, Sawaimadhopur, claiming a sum of Rs. 3,42,874. 12. Respondent No. 2 alleged that he has unlawfully been deprived of the benefits flowing from his retrospective promotion to the higher post.
(3.) AFTER hearing the parties, the Authority appointed under the Act of 1936 passed an order dated August 31, 1990 under Section 15 (3) of the Act and directed the appellants to pay a sum of Rs. 2,55,278. 91 towards wages alongwith one time penalty and a sum of Rs. 500/-as cost awarded by the Central Industrial Tribunal. The competent authority awarded cost of Rs. 2,000/-in respect of the application filed under Section 15 of 1936 Act.;


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