LAWS(ALL)-2015-6-10

K K AGARWAL Vs. PRESCRIBED AUTHORITY

Decided On June 12, 2015
K K Agarwal Appellant
V/S
PRESCRIBED AUTHORITY Respondents

JUDGEMENT

(1.) THIS writ petition was heard at length on 25.5.2015 and a detailed order was passed which is reproduced hereunder:

(2.) THE prayer made in the writ petition is in the context of a background that the petitioner was an employee in Bhagwati Vanaspati Industries Ltd., Amausi, Lucknow and worked as Filling Supervisor. It is also settled that the petitioner was appointed on 1.5.1980 on a monthly wages of Rs. 466.00.

(3.) THE record shows that the petitioner was disengaged from service on 8.8.1982 but his wages w.e.f. 1.11.1981 to 7.8.1982 were not paid, as a result the petitioner raised a grievance before the prescribed authority under the Payment of Wages Act by by filing P.W. Case No. 141/82. The petitioner had raised a specific dispute for non payment of his wages w.e.f. 1.11.1981 to 7.8.1982, which claim, on being adjudicated upon by the prescribed authority was decided by judgement and order dated 16.8.1984. By order dated 16.8.1984, a total claim of Rs. 3646/ - was settled in favour of the petitioner, which became payable to him. Execution proceedings were initiated for payment of the said amount and it is admitted that a cheque of Rs. 3646/ - was handed over to the petitioner in the year 1991 and has been encashed under protest.