DIVISIONAL SUPERINTENDENT NORTHERN RAILWAY Vs. NAND LAL DUBEY

JUDGEMENT

(1.) THIS is a revision under Section 115, Civil Procedure Code, by the Divisional Superintendent, Northern Railway, Allahabad, against the order dated 3 April 1961 of the Additional District Judge of Allahabad, dismissing his appeal on the ground that it was not maintainable, the valuation being less than Rs. 300.

(2.) FROM the record of the case it appears that Nand Lal Dubey, opposite party, moved an application under Section 15 (2) of the Payment of Wages Act, alleging that a sum of Ra. 16 had been wrongfully deducted from his wages for the months of January and February 1960. It was prayed that a direction be issued under Subsection (3) of Section 15 of the Act for payment of his (Nand Lai's) wages wrongly deducted (amount already deducted being Rs. 30) or which may afterwards be deducted during the pendency of the application, together with ten times the amount so deducted by way of compensation. The application was disposed of under order dated 16 May 1960. In Para. 1 of the order it was mentioned as if the wages wrongly deducted amounted to Rs. 30. It was, however, mentioned in the operative part of the order and also in the finding recorded on issue 2 that the opposite party was entitled to the payment of deductions wrongly made from his wages beginning from January 1960.

(3.) ON 18 May 1960 Nand Lal Dubey moved an application praying that a direction be issued under Sub-section (3) of Section 16 for payment of the deducted wages amounting to Rs. 60 with five times' compensation. This was allowed and in the record of direction issued on 21 May 1960 deducted wages were shown as Rs. 60 and compensation awarded as Rs. 300.