ACHUTHA MENON Vs. ANNA CHERIAN

JUDGEMENT

(1.) THIS revision arises out of a petition under S. 15 and 16 of the Payment of Wages Act 4 of 1935 (Indian) hereinafter called the Act, filed by the petitioner, President of the Quilon Cotton Mills Workers' Union, on behalf of 112 employees of the 1st respondents Messrs. A. D. Cotton Mills ltd. , Quilon. These parties will hereafter be referred to as Workers and employers respectively. During the course of this Revision, the 1st respondents assigned all their rights in the mills to Messrs. Parvathi Mills (Private)Ltd. , and hence their impleading as additional 2nd respondents.

(2.) IN INdustrial Dispute, I. D. I of 1124 between the workers and the employers, the INdustrial Tribunal, trivandrum made an award granting dearness allowance in favour of the workers at the rate of 2 As-4 Ps. per point above 100 points on the cost of living index figures of the Madras State. This award was modified on 17-5-1951 by the appellate Tribunal of INdia on Appeals 39 and 49 of 1950 taken by both the parties, so as to reduce the rate of dearness allowance to Rupee one per day. Pending appeal the employers had made payments of dearness allowance to the workers at the excess rate sanctioned by the Tribunal of first instance. These over payments amounted in all to Rs. 17,672-15-5 Ps.

(3.) SOON after the Appellate Tribunal's Award in the matter of the dearness allowance, viz. on 18-7-1951, the employers notified the employees of the recovery by them of the excess they had paid as stated above. With the passing of the Appellate award on the unemployment compensation, they made fresh notification on 24-11-1952 as to the recovery of both the compensation and excess dearness allowance "from the earnings of the employers from December 1952 or from any other payment or payments which the managements may have to make". The question of recovery was some how or other put off until finally on 27-10-1954, the employers made adjustments out of (i) Rs. 1043-7-1 bonus awarded to the workers under I. D 7 of 1952 above referred to, and (ii) Rs. 116 wages due to the workers on 6-12-1954 and 7-12-1954.