HARI FERTILIZERS Vs. IVTH A D J VARANASI

JUDGEMENT

(1.) G. P. Mathur, J. Petitioner seeks quashing of the order dated 26-9-1994 passed by the appellate authority under the Payment of Wages Act (herein after referred to as is the 'act' ). The parties have exchanged affidavits and therefore the petition in being disposed of finally at the admission stage.

(2.) RAJENDRA Dev, respondent No. 3, filed an application under Section 15 (2) of the Act before the Payment of Wages Authority on 27-7-1990 on the ground that Rs. 22,450. 60 had not been paid to him contrary to the pro visions of the Act. He accordingly claimed that a direction be issued to the employers M/s. Hari Ferlizers (petitioner) to make payment of the aforesaid amount to him together with compensation amounting to Rs. 2,24,506. The amount claimed by respondent No. 3 consisted of four items namely (1) Rs. 823. 22 as wages for the period from 1-5-1989 to 16-5-1989; Rs. 13,615. 38 as compensation for closure of the factory calculated on the basis of twenty years of service; (3) Rs. 3,860 as minimum bonus for the years 1984, 1987 and 1985, and (4) Rs. 1,152 as encashment of 24 days leave. The applica tion was contended by the employers on various grounds. The payment of Wages Authority by his order dated 25-2-1994 held that respondent No. 3 was entitled to Rs. 274. 77 as wages for the period from 1-5-1989 to 16-5-1989 after adjustment of the advance taken by him, Rs. 3,860 as minimum bonus for three years, Rs. 1,152 towards encashment of leave and thus he was entitled to Rs. 5,236,77. The Authority was further of the opinion that the employers should pay five times of the aforesaid amount namely Rs. 26,433 '85 as com pensation and Rs. 100 as cost. The appellate authority held that house rent, electricity charges and imprest account were liable to be adjusted. Accord ingly it was directed that respondent No. 3 was entitled to Rs. 5,038. 77 five times of the aforesaid amount amounting to Rs. 25,195. 85 as compensation. The employers have filed the present writ petition for quashing of the afore said order.

(3.) IT, therefore, follows that respondent Nos. 1 and 2 have erred in issuing a direction for payment of Rs. 3,860 as bonus to respondent No. 3 as they had no jurisdiction to issue such a direction. This amount has therefore to be reduced. In normal course, I would have remanded the matter for afresh decision to the appellate authority. But as this will cause unnecessary delay and harrassment to the workman, 1 am doing the calculating part myself. The respondent No 3 is therefore entitled to Rs. 1,178. 77 (5038. 77- 3860. 00-1178. 77) and five times of the said amount namely Rs. 5,893. 63 as compensation. He is thus entitled to a sum of Rs. 7,072. 62. Respondent No. 3 may claim bonus in accordance with the provisions of Payment of Bonus Act.