N.M. Kasliwal, J. - (1.) This is a revision against the judgment of the learned District Judge, Ajmer, dated 6th March, 1973, whereby he partly modified the order passed by the Authority under the Payment of Wages Act,
(2.) Brief facts leading to this revision are that the non-applicant was removed from service by the Divisional Commercial Superintendent Western Railway, Ajmer on 29th March, 1966. The non-applicant filed a suit in the court of Munsif and Magistrate First Class, Ajmer city (East) Ajmer on 17th July, 1967, challenging the validity of the order of his removal and for declaring the same to be illegal and inoperative. That suit was decreed on 29th September, 1969 and as the Railway Authorities did not file any appeal, the same became final.
(3.) After the said decision in favour of the non-applicant, he filed a claim for his wages before the Authority under the payment of Wages Act (hereinafter referred to as 'the Authority') and claimed wages at Rs. 150 per month excluding provident fund from 1st March, 1966 to 30th September, 1969 totalling to Rs. 9,300 There was a dispute between the parties about the quantum of the claim, but it is now unnecessary to decide it as the Railway Authorities had filed a statement before the learned District Judge in which Kb. 5,534 35 p. had been shown as payable to the non-applicant in case his claim was accepted. This statement was admitted to be correct by the learned counsel for the non-applicant and as such there is no dispute between the parties regarding the quantum of the claim which is taken to be Rs. 5,534 35 p. The learned District Judge allowed the above claim in favour of the non-applicant and held that the Railway Administration shall pay Rs. 5,534 3.' p minus Rs. 4,76i.35p. already deposited, i e. Rs 173 and further allowed Rs, 240 as compensation and Rs 20 as costs allowed by the authority and further Rs. 30 as costs of the appeal. The present revision has been directed against the above order of the learned District Judge, Ajmer.;