SUPERINTENDING ENGINEER ELECTRICITY TRANSMISSION CIRCLE Vs. PRESECRIBED AUTHORITY

JUDGEMENT

(1.) HEARD learned counsel for the parties. This petition has been filed challenging the validity and correctness of the appellate order September 17,2003 passed by the District judge, Kanpur Nagar in Appeal No. 18 of 2003, superintending Engineer, Electricity transmission Circle and Others v. Ms. Chhaya saxena and Others arising from order dated june 20, 2006 passed by the City Magistrate, kanpur Nagar appointed as Prescribed authority under the Payment of Wages Act, 1936.

(2.) THE brief facts of the case are that Ms. A. K. Sexena husband of respondent No. 3 Ms. Chhaya Sexena was a clerk in U. P. Power corporation Limited (Transmission Division)at Kakadeo, Kanpur. He fell seriously ill and he was initially admitted in the Mariampur hospital Kanpur Nagar on September 8, 1998, which was recognized for the treatment of employees by the U. P. Power Corporation limited. As the treatment of Ms. A. K. Sexena required better medical facilities, which was not available in the aforesaid Mariampur Hospital he was referred by the Superintendent mariampur Hospital to Regency Hospital kanpur Nagar on September 13, 1998. Accordingly, A. K. Sexena was admitted there and while under treatment in the Regency hospital died in September, 1998.

(3.) RESPONDENT No. 3 Ms. Chhaya Saxena the widow moved an application before the prescribed Authority under Section 15 of payment of Wages Act for a direction to the employers for payment of Rs. 35,000/- as medical reimbursement spent in the treatment that was given to her late A. K. Sexena husband at the Regency Hospital at Kanpur Nagar on reference by Mariampur Hospital. It appears that payment/reimbursement for treatment was not given to her on the ground that the Regency hospital was not a recognized Hospital by U. P. ground that the Regency Hospital was not a recognized Hospital by U. P. Power corporation Limited, Kanpur Nagar for treatment of its employees and that superintendent Mariampur Hospital had wrongly referred her late husband A. K. Sexena to Regency Hospital as he had no such power.