LAWS(MPH)-2001-2-54

UNION OF INDIA Vs. R B SHUKLA

Decided On February 06, 2001
UNION OF INDIA Appellant
V/S
R.B.SHUKLA Respondents

JUDGEMENT

(1.) PETITION is by Union of India, challenging the order passed by the Authority under the Payment of Wages Act, Labour Court, Gwalior. S. P. C. was sent to the respondent No. 1 for hearing of the case, for today ie. , 6-2-2001 but none appears for respondent No. 1. Earlier also, respondent No. 1 though appeared in the Court and sought adjournment in spite of adjournment, he is not appearing in the Court. Respondent No. 1 insisted that a counsel should be appointed for him by the Court, which is not permissible under the law. Respondent No. 1 was directed to approach the Legal Service Authority for appointment of a counsel for him, but he has not approached the Legal Service Authority for appointment of a counsel for him.

(2.) RESPONDENT No. 1 moved an application under Section 15 of Payment of Wages Act, praying that the respondent No. 1 was appointed in Western Railway, Kota Division, on the post of Ticket Collector. Then, he was sent on deputation as Inspector Ticket Checking in the year 1971. Later on, respondent No. 1 was transferred from Western Railway to Central Railway as Train Ticket Examiner. The respondent No. 1 was an employee of Western Railway, wherefrom he was transferred to Central Railway.

(3.) THE respondent No. 1 was transferred in the year 1973 in Jhansi Division and he claimed that his pay be revised from the year 1973 onwards and seniority list be revised and difference of salary be paid to him. The authority under Payment of Wages Act has passed the orders granting seniority to the respondent No. 1 as well as Payment of Wages from the year 1973 onwards.