ZILLA PARISHAD CHANDRAPUR Vs. LABOUR COURT CHANDRAPUR

JUDGEMENT

(1.) By this petition, the petitioner impugns the judgment passed by the Authority under the Payment of Wages Act [Labour Court, Chandrapur] on 19.6.1998 allowing the application filed by the respondent no.2 under section 15(2) of the Payment of Wages Act 1936 and directing the petitioner to pay the compensation of Rs.2,25,160/ on the due amount of Rs.22,516/.

(2.) The respondent no.2 had filed an application before the Authority under the Payment of Wages Act, under section 15(2) of the Act of 1936. It was the case of the respondent no.2 that he was working with the petitioner as a Junior Engineer and was on leave on medical ground since the month of January, 1992. The respondent joined his duties on 2.5.1992. It was stated in the application that the petitioner without any reasonable cause had not paid the wages for the period from 1.1.1992 to 30.6.1992. The applicant therefore, sought a direction to the petitioner to make the payment of wages with 10 times penalty.

(3.) The petitioner filed reply to the application and pleaded that the salary of the respondent no.2 was drawn by the petitioner, but the respondent I\0.2 had not withdrawn the same. It was stated in the reply that the leave was sanctioned as per the official procedure and it was the duty of the respondent no.2 to collect the amount of salary. It was also stated in the application that the salary was not withheld with ulterior motive, though the petitioner wrote to the respondent no.2 to withdraw the pending salary by communication dated 22.2.1992. It was stated in the reply that the respondent no.2 had illegally dragged the petitioner in the court. The parties tendered their evidence and on appreciation of the same, the authority under the Payment of Wages Act allowed the application, by the impugned judgment dated 19.6.1998. This judgment is challenged by the petitioner by filing the instant petition.