GOMATHI AMMAL Vs. KANNAN

JUDGEMENT

(1.) THE above civil revision petition is directed against the judgment and decree dated 17.6.1996 made in C.M.A.No.84 of 1995 by the Court of II Additional District Judge, Tirunelveli, thereby confirming the award dated 3.2.1995 passed in P.W.No.6 of 1994 by the Deputy Commissioner of Labour, Tirunelveli-2.

(2.) IF we trace the history of the case, the original application has been filed by the respondent herein before the Deputy Commissioner of Labour, Tirunelveli-2 under Sec.15 of the Payment of Wages Act, 1936 pleading thereby that he joined the service of the petitioner/employer on 14.4.1991 on a monthly salary of Rs.600 that for the first six months, he received the salary and thereafter he was told that the monthly salary would be deposited in the Bank in his account; that in the said manner, an amount of Rs.18,000 i.e., Rs. 600 per month for 30 months from 31.10.1991 had to be paid to him, but only an amount of Rs.600 had been paid to him and the rest of the amount of Rs.17,400, which is due by way of salary has not been paid to him in spite of many demands, as a result of which he sent a legal notice to the revision petitioner herein demanding the said amount but no reply was sent by the revision petitioner. Hence, demanding the said amount of Rs.17,400 and ten times the said amount as compensation, he filed the petition before the Deputy Commissioner of Labour, Tirunelveli-2.

(3.) THE learned counsel would further argue that the employee failed to turn-up get the said payment for 28 days, amounting to Rs.716 and it is not at all the fault committed on the part of the employer and hence the findings of both the courts below are not based on the averments of the petition but otherwise; that for the misconduct of the employee, exhibits are marked and the Wages Register had also been marked before the Deputy Commissioner of Labour. Ultimately, the learned counsel would point out that the finding is only based on the counter and the same is perverse and would pray for setting aside the orders passed by both the courts below.