CHANDRA SEN JAIN Vs. DISTRIT JUDGE

JUDGEMENT

(1.) By means of this petition under Article 226 of the Constitution the petitioner has claimed relief for a writ of certiorari for quashing the order of the District Judge, Mainpuri, dated October 31, 1972, modifying the order of the Prescribed Authority under the Payment of Wages Act, 1936.

(2.) The petitioner was in the service of the Northern Railway as Station Master in the pay scale of Rs. 150-240. On November 8,1957, he was placed under suspension by the Divisional Superintendent of Northern Railway, Allahabad. Enquiry into certain charges was held against the petitioner and he was removed from service by the order of the Divisional Superintendent dated December 18, 1958. The order of removal was affirmed in appeal. The petitioner the thereafter filed Suit No. 4 of 1965 in the Court of the Civil Judge, Mainpuri, for declaration and for recovery of arrears of salary for the period between December 17, 1961 to February 16, 1965. The railway authorities contested the suit but it was decreed by the Civil Judge on January 13, 1966. On appeal by the Union of India, the District Judge, Mainpuri, affirmed the decree of the trial court by his order dated October 4, 1966. The decree of the civil court became final as no second appeal was filed by the Union of India, and the Divisional Superintendent, Northern Railway, paid the decretal amount, namely, Rs. 9408/23 P. to the petitioner.

(3.) On June 19, 1968, the Divisional Superintendent, Allahabad, issued orders directing that fresh enquiry shall be held against the petitioner on the same set of allegations on which he was earlier removed from service. He further placed the petitioner under suspension with retrospective effect, namely, December 18, 1958. Since the petitioner was paid only subsistence allowance he filed three applications under Section 15 of the Payment of Wages Act (hereinafter referred to as the Act) before the Prescribed Authority at Mainpuri for Payment of Wages, each application related to different period of time. The first application was filed on September 30, 1968 (registered as Case No. 867 of 1968) claiming wages for the period February 16, 1965 to September 30, 1968. Later on, an amendment application was filed on August 30, 1969, claiming wages for the period November 8, 1957, to November 30, 1961. The second application was filed on September 30, 1969, (registered as Case No. 616 of 1969) claiming wages for the period October 1, 1968 to September 30, 1969, and the third application was filed on September 30, 1970 (registered as Case No. 523 of 1970) claiming wages for the period October 1, 1969 to September 30, 1970. All the three cases were consolidated and the same were disposed of by a common order of the Prescribed Authority dated August 30, 1971. The Prescribed Authority upheld the petitioner's entire claim and awarded compensation to him. The Divisional Personnel Officer filed appeal against the order of the Prescribed Authority which was allowed by the District Judge, Mainpuri, by his order dated October 31, 1972. The District Judge modified the order of the Prescribed Authority and remanded the matter to the Prescribed Authority for recalculation of the amount of wages payable to the petitioner in accordance with the findings recorded by him. Thereupon, the petitioner filed the present petition challenging the validity of the order of the District Judge.