DIVISIONAL PERSONNEL OFFICER N RLY BIKANER Vs. RAM KISHORE
LAWS(RAJ)-1969-11-16
HIGH COURT OF RAJASTHAN
Decided on November 19,1969

DIVISIONAL PERSONNEL OFFICER, N.RLY.BIKANER Appellant
VERSUS
RAM KISHORE Respondents

JUDGEMENT

- (1.) THESE are connected revision applications against the orders of the District judge, Bikaner, passed as an appellate authority under the Payment of Wages Act dismissing 4 appeals filed by the Divisional Personnel Officer, Northern Railway, bikaner, on the ground that the order passed by the Payment of Wages Authority in these 4 cases against which appeals were preferred was not a final direction against which an appeal lay.
(2.) SECTION 15 (3) of the Payment of Wages Act lays down that the Payment of wages Authority may "direct the refund to the employed person of the amount deducted or the payment of delayed wages together with the payment of such compensation as the authority may think fit. " Section 17 provides for an appeal against the direction made under Sub-section (3 ).
(3.) THE Payment of Wages Authority framed the following issues in all the 4 cases which were heard together as they were claims filed by the same employee for different periods:-- (1) Has the promotion of the applicant been wrongfully withheld without any sufficient cause? (2) Is the application barred by limitation and the delay is not condonable by the Court? (3) Ts the applicant entitled to get compensation? After discussing the evidence produced by the parties the Authority passed the following order:-- "i therefore decide these issues in favour of petitioner and against the opposite party and further order that the applicant will receive compensation from the opposite party to the tune of two times of claimed money, which may be found out in light of decision of issue No. 1. No other point was argued before me. The net result is that all these four petitions succeed. The applicant will draw in the grade of Rs. 205-280 from 13-8-1960 and in so doing he shall receive from the opposite party all amounts falling and drawn short of this and should go on drawing in this scale in accordance with law and rules of his service. He shall get the compensation on such amounts which may be found due. The opposite party shall make calculations in the light of this judgment, within two months and show the same to the applicant and make the payment to him imme-diately thereafter. If there arises any dispute about such calculations the same may be referred to this Court which will decide the same in the light of this judgment as a matter of execution of this order. The compensation shall be payable till the amount of the claim or part thereof is paid. The applicant will also get Rs. 50/- consolidated as cost of this case from the opposite party. A copy of this judgment be placed on the file of the petitions referred to above. Thus this judgment disposes them of accordingly. Pronounced in open Court this 30th June, 1967. ";


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