UNION OF INDIA UOI Vs. BABU RAM

JUDGEMENT

(1.) This is an application under Section118 C. P. G. filed by the Union of India against the decision of the Additional District Judge, Moradar bad dismissing their appeal against an order of the Additional District Magistrate, Moradabad functioning as Commissioner under the Payment of Wages Act by which he directed the Union of India to pay certain sum claimed as wages by a workman Babu Ram. It raises a question of general importance regarding the scope of the powers of the Commissioners in an inquiry under Section 15 (1) of the Act and also the meaning and purpose of the rule requiring a strict interpretation of statutes ousting the jurisdiction of the Civil Courts.

(2.) The facts are these : Babu Ram was in the employ of the Northern Railway which is run by the Union of India. On 18th April 1946 he was served with an order removing him from service. He preferred appeals to the competent authorities which were rejected. Finally, on 20th August 1951 he filed a suit for declaration that the order removing him from service was illegal. This suit was decreed on 20th August 1952 and an appeal by the Railway dismissed on 5th of August 1953. A second appeal was filed in this Court, but while it was pending, Babu Ram applied under Section 15 (1) of the Payment of Wages Act claiming wages for the entire period after his removal, alleging that the Railway had been holding his dues in abeyance and had unnecessarily delayed payment. He prayed for a direction to the Railway to make the payment. The Railway contested this claim on the ground, inter alia, that the application was timer-barred. The Commissioner framed an issue on the question of limitation but without giving any finding on it, he allowed Babu Ram's application and held that he was entitled to a total sum of Rs. 14,678/6/-. He directed the Railway to pay this amount "subject to the decision of the Hon'ble High Court in the second appeal pending before that court." (It may be mentioned that the second appeal of the Railway was dismissed by this Court on 11th of January 1955 and a special appeal was also refected.) On appeal by the Railway under Section 17, the Additional District Judge, Moradabad held that Babu Ram had sufficient cause for not making his application within the prescribed period of six months and condoned the delay. On merits he upheld the decision of the Commissioner but slightly reduced the claim from Rs. 14,678/6/- to Rs. 13,626/-. Aggrieved by this decision the Union of India have come to this Court under Section 115 C. P. C.

(3.) Mr. Jagdish Swarup, learned counsel for the Railway stated at the outset that it would not be Possible for him, in proceedings under Sec, 115 C.P.C., to assail the decision of the appellate court on merits; but he contended that the decision to condone the delay in filing the claim was vitiated by a material irregularity in procedure, Learned counsel conceded that the Commissioner had the power under Section 15 (1) to condone the delay but he relied on the proviso which enjoins that the delay should be condoned only if the application "satisfies the Authority that he had sufficient Cause for not making the application within such period". Mr. Jagdish Swamp pointed out that the applicant had filed no affidavit before the commissioner nor placed any material before him to enable that Officer to judge whether the applicant had sufficient Cause for the delay. Learned counsel contended that it had condoned the delay without satisfying itself that the employee had sufficient cause for not making his application within the prescribed period. This was a material irregularity which had resulted in injustice to the Railway and called for interference by this Court in the exercise of its revisional jurisdiction under Section 115 C. P. C.