D K SIMHU Vs. INSPECTOR OF FACTORIES TENALI

JUDGEMENT

(1.) This revision petition is referred to the Division Bench in view of the impor- tance of the issue involved.

(2.) The workers filed an application before the authority under Payment of Wages Act for directions for the payment of wages for April, 1977 together with compensation as there was delay in payment of wages The e ployer, the National Tobacco Company paid the wages after receipt of notice of the claim petition and pleaded that there was slight delay in finalisation of contracts and shipments. The authority held that the delay is not justified and directed the employer to pay compensation at the rate of Rs. 10/-per employee under Section 15 (3) of the Payment of Wages Act. On appeal, the appellate authority, on an appraisal of facts and circumstances, held that the delay is not due to any exceptional or unforeseen circumstances and held that compensation alone can be directed to be paid. The only consideration in this revision petition is whether compansation alone can be directed to be paid without any direction for payment of wages in view of expression "together with" in section 15 (3). To appreciate this aspect, it is necessary to get at section 15 (3) of the Payment of Wages Act (Omitting proviso) which is as follows:-

(3.) In Chimanlal Ishwarlal Mehta vs Junior Inspector of Factories (1) A I R 1942 Bombay 273 while considering whether application for compensation alone is competent, it is held as follows;-