KANPUR JAL SANSTHAN KANPUR Vs. PRESCRIBED AUTHORITY UNDER PAYMENT OF WAGES ACT 1936 KANPUR AND ANOTHER

JUDGEMENT

(1.) THIS writ petition is directed against order dated 15.11.1989 passed by the authority under Payment of Wages Act, Kanpur in P.W. Case no.153/89 Bas Deo Singh vs. Kanpur Jal Sansthan directing the petitioner to pay certain amount as unpaid wages to Bas Deo Singh - respondent no.2 (total amount Rs.7807.75). An equal amount was also awarded as damages/penalty. By virtue of Sections 1(4) and 1(5) of Payment of Wages Act 1936 the Act does not apply to the petitioner. Sub sections 1(4) and 1(5) of the Act are quoted below: 1(4) It applies in the first instance to the payment of wages to persons employed in any [factory, to person] employed (otherwise than in a factory) upon any railway by a railway administration or, enither directly or through a sub-contractor, by a person fulfilling a contract with a railway administration, [and to person eployed in an industrial or other establishment specified in sub-clauses (a) to (g) of clause (ii) of section 2]. 1(5) The State Government may, after giving three months" notice of its intention of so doing, by notification in the Official Gazette, extend the provision of [this Act] or any of them to the payment of wages to any class of persons employed in [any establishment or class of establishments specified by the Central Government or a State Government under sub-clause (h) of clause (ii) of Section 2]: [Provided that in relation to any such establishmet owned by the Central Government, no such notification shall be issued except with the concurrence of that Government.] Petitioner is not a factory. No notification has been issued in respect of the petitioner under Section 1(5) of the Act. Learned counsel for the petitioner has also referred to Section 24 of U.P. Water Supply and Sewerage Act 1975 where the functions of Jal Sansthan have been defined and has argued that none of the functions render a Jal Sansthan to be a Factory. Accordingly, writ petition is allowed. Impugned order is set aside.