KAILASH CHANDRA TIWARI Vs. SECOND ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) HEARD counsel for the petitioner and govind Saran for the contesting respondent,

(2.) THE petitioner was employed as a clerk in the respondent Railway Establishment and was posted as Head Clerk within the jurisdiction of the Divisional Railway Manager, allahabad in the Electrical Department when he was transferred on August 20,1981 to the office of senior Foreman (Train Lighting) in allahabad itself. He did not join at the transferred place but made an application for medical leave which was not granted. He remained absent from duty till October 8, 1984 when he was able to get his posting in the electrical Department on the interference of a member of Parliament and thus joined on october 9, 1984. He claimed wages for the period of his aforesaid absence which was denied by the Railway Establishment and, thus, he preferred an application under Section 15 (2)of the Payment of Wages Act, 1935 before the prescribed Authority (hereinafter referred to as the Act ). After pleadings were exchanged, the prescribed Authority repelled the contention of the Railway Establishment that the application under Section 15 (2) was not maintainable and granted the alleged deducted/delayed wages to the extent of Rs. 43,302. 56 together with Rs. 86,605. 12 i. e. twice amount of wages as compensation, Rs. 150/- as cost and Rs. 4800/-as litigation cost of a litigation during the intervening period vide its order Dated March 21, 1988.

(3.) THE Railway Establishment preferred an appeal under Section 17 of the Act and the appellate Authority referred to various paragraphs of Railway Establishment Code and after recording finding that certain leave was outstanding in the account of the petitioner, it thus granted the leave and directed for payment together with twice the amount as compensation.