DIVISIONAL SUPERINTENDENT CENTRAL RAILWAY Vs. ONKARNATH GUPTA

JUDGEMENT

(1.) THIS revision under Section 115 of the Code of Civil Procedure is directed against a reversing appellate order dated 6 August 1963 whereby the District Judge, Jabalpur, acting under Section 17 of the Payment of Wages Act, 1936 (hereinafter called the Act), set aside an order of the Payment of Wages Authority dated 30 June 1962 and instead directed the applicants to refund to the non-applicant Rs. 2,973. 96 which had been, so it was found, wrongfully deducted and also to pay to him Rs. 700 as compensation.

(2.) THE facts giving rise to this revision may be shortly stated. At the material time, the non-applicant was employed as a weighment clerk in the Central Railway and worked at Katni. He was suspended with effect from 27 April 1957, a departmental enquiry was held against him and he was removed from service from 12 July 1957. He successfully challenged the order of his removal from service in Miscellaneous Petition No. 4 of 1958, dated 3 July 1959, and this Court quashed that order with the consequence that he was taken back on duty on 27 August 1959. When he asked for his wages from 27 April 1957 to 26 August 1959 amounting to Rs. 3,914. 75, only a sum of Rs. 940. 79 was paid to him. Since the remaining amount of Rs. 2,973. 96 was deducted, the non-applicant filed an application under Section 15 (2) of the Act for a direction for its refund and also for compensation. While the Payment of Wages Authority dismissed that application on the ground that the deduction was permissible under Rule 2044 of the Railway Establishment Code, the District Judge took a different view and passed the impugned order.

(3.) THE main point urged in support of this revision is that Rule 2044, as amended and in force at the relevant time, justified the passing of the order by which Rs. 2,973. 96 was deducted from the wages payable to the non-applicant. Rule 2044, which corresponds to Fundamental Rule 54, reads: Rule 2044.- (1) When a railway servant, who has been dismissed, removed or suspended is reinstated, the authority competent to order the reinstatement, shall consider and make a specific order-