AKOLA ZILLAH DUDH UTPADAK SANGH SAHAKARI SANSTHANACHA SANGH LTD THROUGH ITS MANAGER Vs. SHESHRAO RAMCHANDRA MHASAYE

JUDGEMENT

(1.) Rule with the consent of the parties made returnable forthwith and heard.

(2.) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 28/01/2011 passed by the learned District Judge, Akola, who is the Appellate Authority, in so far as the Workmen s Compensation Act is concerned, by which order the Miscellaneous Civil Appeal No.21/2006 came to be dismissed and the order passed by the Controlling Authority came to be confirmed.

(3.) The facts necessary to be cited for adjudication of the above petition can be stated thus. The respondents herein were working with the petitioner Society, which is a Federal Society of the Milk Societies in Akola District. The respondent No.1 was working as a Senior Clerk and the respondent No.2 was working as a Milk Tester cum Senior Clerk. According to the petitioner, the remuneration of the said respondents was Rs.840/ p.m. and Rs.960/ p.m. respectively. The respondents filed a common application under Section 15 (2) (3) read with Section 17 (A) of the Payment of Wages Act, 1936 (hereinafter referred to as the "said Act") before the Authority constituted under the said Act claiming difference in wages. The said application was numbered as P. W. A. Case No.3/1989. Since there was some delay in filing the said application, the respondents also filed an application for condonation of delay, which was granted by the said Authority.