KARNATAKA CENTRAL COOPERATIVE BANK LTD Vs. KARPI

JUDGEMENT

(1.) This is a revision by the Karnataka Central Co-operative Bank Ltd, against the order dated 14th April, 1980 passed by the District Judge, Dharwad, in M.A. No. 55/79 setting aside the order of the Appointment Authority under the Payment of Wages Act and remanding the matter for disposal according to law and on merits.

(2.) The respondent is an employee under the revision petitioner. Disciplinary action was started against the respondent by the revision petitioner and he was kept under suspension. It ordered payment of one-fourth of basic salary as subsistence allowance to the respondent. The respondent, being aggrieved by the award of one-fourth of basic salary as subsistence allowance, filed an application under Section 15(2) of the Payment of Wages Act, 1936 (hereinafter referred to as 'the Act') before the Authority concerned alleging that he was entitled to the full salary and that payment of one fourth of the basic salary as subsistence allowance was bad and that it amounted to deduction from his wages. The Authority dismissed the petition. The respondent approached the Learned District Judge. The Learned District Judge set aside the order made by the Authority under the Act and remanded the matter to him for disposal according to law and on merits. It is this remand order passed by the Learned District Judge that is questioned by the revision petitioner in this revision.

(3.) That the respondent is an employee under the revision petitioner is not in dispute at all. That he has been kept under suspension by the revision petitioner, is not in dispute. That he has been given some amount as subsistence allowance during the period of his suspension is not in dispute.