NAGAR PALIKA Vs. PRESCRIBED AUTHORITY

JUDGEMENT

(1.) The prescribed authority, respondent No. 1, appears to have granted back wages on account of wrongful deductions from the wages of the respondents No. 2 to 9 under the provisions of the Payment of Wages Act by his order dated 19.10.1981, which is impugned in this writ petition.

(2.) The facts giving rise to the filing of this writ petition are briefly stated. The respondents No. 2 to 9 were working as Safai Karamchari with the petitioner. It is stated that the age of superannuation in the municipal services is 60 years. The respondents No. 2 to 9, according to the petitioner, were retired after the completion of age of 60 years. The respondents were retired with effect from 21.4.1979 and this order was passed on 28.4.1979, a copy whereof is Annexure 1 to the writ petition. These respondents are said to have filed representations before the petitioner protesting against their retirement is in their opinion these respondents had not reached the age of superannuation. Their case was that they were examined by the Chief Medical Officer, Ghazipur and they were below 60 years when the order of retirement was passed. The petitioner states that since the record of the Nagar Palika had shown their age more than 60 years, therefore, they were retired.

(3.) After the order of retirement was passed the respondents No. 2 to 9 filed an application before the prescribed authority, respondent No. 1, under the provisions of the Payment of Wages Act and claimed wages between the period of 1.4.1979 to 31.12.1979 and further claimed wages to the extent of Rs. 255/- per month. The petitioner had filed objection before the respondent No. 1 stating therein that the respondents No. 2 to 9 had reached the age of superannuation therefore, they were retired after attaining the age of 60 years. The petitioner seems to have taken objection to the maintainability of the application before the Prescribed authority. The payment of Wages Authority is said to have accepted the claim of the respondents No. 2 to 9 and gave directions for payment of wages with effect from 21.4.1979 to 31.12.1979 to them and further wages of Rs. 255/-per month per worker were directed to be paid. The respondents No. 2 to 9 were held entitled to Rs. 3044/- each. It was held by the respondent No. I that no order of retirement was served on the respondents No. 2 to 9, therefore they cannot be deemed to have been retired from service. It was further held that the Chief Medical Officer, Ghazipur had issued certificates in their favour certifying that the respondents No. 2 to 9 had not completed the age of 60 years on the relevant date i.e. 21.4.1979.