FAQIR CHAND Vs. AUTHORITY UNDER PAYMENT OF WAGES ACT

JUDGEMENT

(1.) ALLEGING that the authority under the Payment of Wages Act did not have the jurisdiction to pass the impugned order dated 15 -10 -1977 whereby the earlier order of compromise between the parties was reviewed in exercise of the inherent powers of the authority, the petitioner has filed this writ petition submitting that the order impugned was without jurisdiction and in contravention4 with 4he provisions of -Payment of Wages Act. It is submitted that the authority under the Payment of Wages Act did not have the jurisdiction to review the earlier order either under the Civil Procedure Code or the inherent powers as had been done in the instant case.

(2.) IN the objections filed on behalf of the respondent No.2 it is submitted that the writ petition is liable to be dismissed as having become infractuous in view of the fact that the appropriate authority had passed the final order dated 15 -12 -1977 which was appealable under section 17 of the Payment of Wages Act - I have heard the learned counsel for the parties and perused the order.

(3.) THIS writ petition came up for admission to the court on 19 -12 -1977 when while admitting this petition it was directed that the proceedings relating to the execution of the impugned order shall remain stayed. The record of the respondent No.1 produced in the court shows that a final order was passed on 15 -12 -1977 by which it was directed that the petitioner herein would pay compensation of Rs.300/ - to be equally distributed amongst 15 persons besides the claim amount of Rs.4903.60. The petitioner herein was held liable to pay a total sum of Rs.5203.60. Despite the objection taken by the respondents in the objections filed in the court on 22 -3 -1978. no steps were taken by the petitioner either for amending the petition or for filing a separate petition challenging the final order or preferring an appeal under the provisions of Sec. 17 of the Payment of Wages Act. As final order has been passed in the case which is appealable and the points raised herein could have been agitated in the appellate forum, this writ petition is liable to be dismissed having become infractuous after the passing of the final order by the authority under the Payment of Wages Act on 15 -12 -77.