SHIV SHANKAR Vs. AUTHORITY OF PAYMENT

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record. The petitioner workman filed claim application before the Prescribed authority appointed under the Payment of wages Act, 1936 under Section 15 of the Act for a direction for payment of his difference of wages along with compensation amounting to rs. 22,256. 50 paise.

(2.) THE claim of the workman is that his wages had not been paid for the period July 1, 1979 to September 1, 1983 which was later on amended in respect of change of period of claim from July 1, 1979 to October 10, 1980. The claim application of the workman was allowed by the Prescribed Authority vide order dated july 14/15, 1996 appended as Annexure-3 to the writ petition.

(3.) ON the basis of pleadings of the parties, the following issues were framed by the prescribed Authority. "vernacular matter omitted. " as regards first issue the Prescribed authority has held that the claim filed by the workman did not suffer from vice of limitation. As regards second issue is concerned, the prescribed Authority has given a finding of fact that non-payment of wages as well as the wages for the remaining period would amount to deduction in wages. It was further held that the workman was entitled for the amount in respect of the revised pay scale for the period July 1, 1979 to October 9, 1980, hence he is entitled to the deducted wages amounting to Rs. 6,810. 51 paise along with amount of compensation of rs. 610. 51 as well as cost of Rs. 300/ -. The relevant extract of the order/direction dated july 15, 1996 by the Prescribed Authority are as under: "vernacular matter omitted. "