- (1.) THIS is Civil Revision Petition under Section 115, C. P. C. by the Rajasthan State Road Transport Corporation, Jaipur (for short 'the Corporation' hereinafter) and its officers against the order dated April 15, 1996 passed by the learned District Judge, Sirohi in Civil Appeal against decree No. 9/1994 whereby the order and direction passed by the learned Authority under the Payment of Wages Act, Sirohi, in claim petition preferred by the non-petitioner No. 1 Laxman Das, workman, was affirmed resulting in dismissal of the appeal preferred by the petitioners.
(2.) BRIEFLY stated, the facts giving rise to the present petition are that the non-petitioner Laxman Das Malik filed three connected separate applications under the provisioas of Section 15 (2) of the Payment of Wages Act, 1936 (for short 'the Act of 1936') against the petitioner Nos. 1 and 2 respectively on July 29, 1989, September 12, 1990 and May 19, 1993 which were, lastly, consolidated and were disposed of together by the impugned order.
(3.) THE non-petitioner No. 1 alleged in the applications that he was in the employment of the petitioner-Corporation and was working on the post of Bus Conductor. On August 15, 1984 he was posted in the Kotputali Depot of the petitioner-Corporation. He was issued ticket-books to be issued to the bus passengers worth Rs. 20,367. 30 along with way-bill etc. While he was operating on the bus of the Corporation plying on the Jaipur-Rohtak route on the aforesaid day, the rube-tyre of the bus got punctured and, as a result, the bus was left on the spot and instead he picked up bus of Haryana Roadways along with toolbox, bag etc. and he took his seat by the side of the driver of the bus. While alighting from the bus, he requested the driver of the bus to stop the bus for a while till he could return with a Mechanic and a new stepney. Before he could return, the bus departed from there towards Behrore and he picked up a taxi-car and gave a chase and after coverage of about 2 to 3 kms. he approached the bus and found that the bag which he left while alighting from the bus, was not there. Even after enquiry there was no trace of the bag. He informed about the loss of bag which contained the used/unused ticket-books, way-bill etc. having been so lost, to the Assistant Depot Manager at Kotputali and got an FIR also registered at the Police Station, Kotputali.;