UNION OF INDIA (UOI) Vs. ARJUN SINGH

JUDGEMENT

(1.) IN this rule, obtained by the Eastern Railway Administration, represented by the Union of India, the only point that arises is whether the learned Judge, Second Bench, Court of Small Causes, Calcutta, acting as the appropriate appellate authority under the Payment of Wages Act, was justified in setting aside the order of the 'authority' under the said Act, rejecting the opposite party's application, claiming certain wages from the petitioner railway, and remanding the case to the said 'authority' for trial on merit.

(2.) THE rule was issued under the following circumstances:

(3.) AGAINST the above order of rejection, the opposite party preferred an appeal to the appropriate appellate authority. That appeal was allowed and the case was remanded for further hearing according to law. In the opinion of the learned appellate authority, wages under the Act need not, necessarily, be 'earned wages' but they may well be 'potential wages' and he, further, held that, by virtus of the civil Court's declaratory decree aforesaid the opposite party must be deemed to have been and to be in service, or, to be more exact, to have continued and to be continuing in service, that is, service at Ondal, where he was last employed at the time of his purported dismissal. The petitioner then obtained the present rule.