SHEO PRASAD Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This writ petition is directed against an appellate order passed by the learned Additional District Judge, Moradabad under the Payment of Wages Act (hereinafter referred to as the Act).

(2.) Sheo Prasad petitioner was at one time a Railway employee. He was suspended on 14-3-48. An order for his removal was passed on 21-6-48, He instituted a civil suit for a declaration that his removal was wrongful. The civil court decreed the suit of the plaintiff for declaration on 21-9-55. The petitioner filed a claim before the City Magistrate, Moradabad on 1-3-56, claiming a sum of Rs. 12,576/11/, as arrears of his wages. This claim was resisted by the Railway administration. The City Magistrate returned the application on the ground that he had no jurisdiction. The same application was later presented before the Sub- Divisional Magistrate, Bilari. He passed an order on 14-6-58 allowing the petitioner's claim in part.

(3.) The Union of India filed an appeal against the Claims Commissioner's decision, dated 14-6-58. The appeal came up for disposal before the learned Additional District Judge, Moradabad. He held that the claim presented by Sheo Prasad was barred by time. The appeal was, therefore, allowed; and the Claims Commissioner's order was set aside. The present writ petition by Sheo Prasad is directed against the appellate order, dated 26-10-1959.