MUNICIPAL BOARD RAM NAGAR Vs. SHANT NARAIN PANDEY

JUDGEMENT

(1.) Shri Rakesh Bahadur learned counsel for the petitioner and Shri R.K. Awasthi learned Standing Counsel on behalf of respondent No. 2 are present. No one is present on behalf of respondent No. 1, the main contesting party though a counter affidavit has been filed on behalf of respondent No. 1 and a rejoinder affidavit in rebuttal filed by the petitioner is on record.

(2.) The present writ petition has been filed challenging the judgment and order dated June 15, 1993 passed by respondent No. 2 allowing the application of respondent No. 1 moved under Section 15 (3) of the Payment of Wages Act, 1936 (hereinafter referred to as the Act) claiming therein the arrears of salary for the period January 4, 1990 to March 31, 1991 amounting to Rs. 14,456/- along with the said application, an application for condonation of delay had also been filed without any affidavit in support of the same. A written statement was filed on behalf of (sic) the petitioner objecting to the claim of respondent No. 1 and for condonation of delay. The respondent No. 1 had claimed that he had been appointed as Naib Moharrir by the then President of the Municipal Board, Ramnagar, vide its order dated October 3, 1989 (Annexure-5 to the writ petition) without having any jurisdiction to pass such appointment though no such post exists. However, vide its order dated October 19, 1989 (Annexure-6 to the writ petition), President of the Board granted approval of the services of the petitioner on the application of respondent No. 1 itself for a period of two months only, a copy of which was duly served on the respondent No. 1 who appended his note on the said order that he had been made aware of the same.

(3.) After hearing the parties, the respondent No. 2 vide its order dated June 15, 1993 allowed the claim of the respondent No. 2 holding therein that he had been wrongly and illegally not paid his wages with effect from January 4, 1990 to March 31, 1991 to which he was entitled to and directed the petitioner to release the payment of the same.