MOHD BUX Vs. DISTRICT JUDGE

JUDGEMENT

(1.) The Services of the petitioner, who was appointed as Driver (Road Roller) on November, 1, 1978 in the Irrigation Department of the State of Uttar Pradesh, was terminated by an order dated February 18, 1980. The Petitioner filed claim petition before U.P. Public Services Tribunal, Lucknow. The said claim petition was allowed, directing reinstatement of the petitioner without back wages. Civil Miscellaneous Writ Petition No. 3420 of 1982 moved by the petitioner was allowed on October 9, 1991, holding that the petitioner was entitled to back wages subject to his gainful employment elsewhere. Since no payment was made the petitioner made an application under Section 15 of Payment of Wages Act before the Payment of Wages Authority. The said case was registered as case PW-18/92. By an order dated May 11, 1992 the said claim was allowed and the employer was directed to pay compensation ten times the wages payable.

(2.) An appeal against the aforesaid Order dated May 11, 1992 being Miscellaneous Civil Appeal No. 78 of 1992 was preferred before the District Judge, Jhansi. The said appeal was allowed partly by an order dated May 13, 1994 passed by the learned District Judge, Jhansi being the Appellate Authority Under Payment of Wages Act, setting aside the Payment of penalty and compensation upholding the payment of salary. It is against this order the present writ petition has been moved.

(3.) Learned counsel for the petitioner, Sri Ashok Bhushan contends that the payment for the said period amounts to deduction for which ten times penally is prescribed. In the facts and circumstances of the case the non-payment or withholding of payment of salary by the employer to the employee cannot be termed as delayed payment but is deduction and it has been 50 held in the case of Delta Forging Works v. Manik Karmakar 1977 LIC 207, Divisional Personnel Officer, Northern Railway, Allahabad v. Ambika Prasad and Ors. 1988 (57) FLR 113 (All.), Union of India v. Kameshwar Dubey and Ors. (1988-II-LLJ-302) (Del.) and Raj Ku-mar Manohar Lal v. Union of India through the General Manager, Northern Railway Baroda House, New Delhi and Anr. AIR 1969 All 472.