W M GODSE Vs. STATE

JUDGEMENT

(1.) This is an application in revision against an order of the District Judge of Banaras, whereby he disposed of an appeal preferred to him under Section 17, Payment of Wages Act (Act IV of 1936).

(2.) The facts giving rise to this application, shortly stated, were these. At Banaras there is a press called the Arya Bhushan Press, whose proprietor is one W. M. Godse. There was an industrial dispute in respect of this press, and that industrial dispute was the subject-matter of an adjudication under the Industrial Disputes Act. There was also a question about the payments of certain employees being in arrears: There were twentythree such workmen whose wages had not been paid and were as suck in arrears. The Chief Inspector of Factories came to know about it, and made a report about this matter to the Magistrate, appointed under the Payment of Wages Act for the area, to decide questions arising for decision under that Act. On the information received from the Chief Inspector of Factories the Magistrate issued a notice to the Manager of the press, one Nirmala, to show cause why an order for payment of wages be not made against the Manager of the press. This notice was issued on 15-11-1951. A written statement was filed on 4-12-1951, contesting the claim for wages. There was some sort of a compromise in the industrial disputes matter also in regard to the payment of the wages which were the subject-matter of the proceedings before the Magistrate under the Payment of Wages Act.

(3.) Nirmala was dismissed from the position of a Manager of the press with effect from 1-1-1952. Information of this fact was conveyed to the Chief Inspector of Factories, as required by the provisions of Section 7 of the Factories Act. The payment of wages matter came up for hearing before the Magistrate on 6-5-1952. On this date Nirmala appeared and informed the Court that he had been dismissed, and he had, therefore, no further authority or responsibility in respect of the matter pending adjudication. Nirmala also gave information to the Magistrate that Godse was the proprietor and that he should be asked to place the case of the employer before the Magistrate. The learned Magistrate, however, gave no notice to Godse, but made an order under Section 15 (3), Payment of Wages Act, against Nirmala. Section 15 (3) is in these words:-'' When any application under Sub-section (2) is entertained, the authority shall hear the applicant and the employer or other person responsible for the payment of wages under Section 3, or give them an opportunity of being heard and, after such further enquiry (if any), as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this Act, direct the refund to the employed person of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount deducted in the former case and not exceeding ten rupees in the latter: