BRIJ BEHARI LAL Vs. UNION OF INDIA THROUGH GENERAL MANAGER NORTH EASTERN RAILWAY GORAKHPUR AND OTHERS

JUDGEMENT

(1.) These are two applications in revision which arose out of proceedings under the Payment of Wages Act.

(2.) The applicant Brij Behari Lal was employed as Station Master at Ramnagar, N.E. Rly. in the scale of Rs. 150-225. The station was admittedly upgraded with the result that the pay scale of the Station Master was put on the pay scale of Rs. 250-380. Even after the aforesaid change in the nature of the applicant's post he was not paid the salary in the higher scale. He claimed Rs. 562-50 on account of deductions made from his salary to which he was entitled from 1-4-61 to 20-11-61 and Rs. 410.00 for the period beginning from 16-2-62 to 15-4-62.

(3.) The Authority under the Payment of Wages Act (hereinafter called the Authority), viz., the City Magistrate of Bareilly took the view that he had no jurisdiction to interfere with the order of the competent authority under the Railway Establishment Code and held further that even on merits the applicant was not entitled to the amount claimed by him. The learned District Judge upheld the view of the Authority and has held that the question could not be raised and could not be agitated before the Authority.