RAM ASREY LAL Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) This case was originally heard and decided by me ex parte on 7 -5 -1971, while sitting at Lucknow Bench, as Shri N. Banerji, learned Counsel for the Union of India (which is the sole opposite party), did not turn up at the time of the hearing of the case. It was then numbered as Civil Rev. No. 112 of 1968. However, on 10 -5 -1971 an application was filed on behalf of the Union for netting aside the ex parte judgment and decree aforesaid. By his order dated 15 -7 -1971 O.P. Trivedi, J. allowed the application of the Union of India and set aside the ex parte judgment and decree. Later on, by his order dated 26 -11 -1971, the Hon'ble the Chief Justice transferred this case to Allahabad (which has now been numbered as Civil Rev. No. 1500 of 1971). This is how it has again come up for hearing before me.

(2.) I have heard learned Counsel for both the parties at some length. Mr. Lalji Sinha, appearing for the sole opposite party (Union of India), has not been able to make out any case so as to persuade me to take a view different from the one which I had taken on the previous occasion.

(3.) Briefly stated the facts of the case are that the Applicant is an employee of the N.E. Railway. The Railway Admn. suspended him and stopped payment of his full wages. The result was that the Applicant filed C.M.W. Petition No. 1241 of 1962 in the High Court of Judicature at Allahabad. By its judgment and order dated 29 -7 -1964 the High Court allowed the writ petition and quashed the order of the Applicant's suspension. Inspite of the order of the High Court, the Railway Admn. did not pay the arrears of his wages, hence the Applicant on 29 -6 -1965 made an application Under Sec. 15(2) of the Payment of Wages Act, 1936 (hereinafter called the Act) against the Union of India, through the General Manager, N.E.R., Gorakhpur, claiming his delayed wages for the period November 1960 to December 1964, as per details given in the statement, Annexure 'A' attached to the said application. The total amount of his claim was for Rs. 8,096. 30P.