CHARAN SINGH Vs. GENERAL MANAGER PUNJAB ROADWAYS

JUDGEMENT

(1.) THE question involved in this revision is as to "whether deduction from the wages of an employee can be ordered by way of withholding increment even if the finding of fact is recorded by the Court that no loss has been caused by the said employee to the department"?

(2.) IN brief, the facts of the case are that the petitioner was working as a Fitter in the Punjab Roadways, Hoshiarpur. Vide order dated 16.5.1988, his two increments with cumulative effect were stopped and a sum of Rs.1000/- out of wages was directed to be deducted in monthly instalments of Rs.200/-. He was further directed not to be paid the subsistence allowance during the period of his suspension on account of the charge. The appellant challenged the said order by way of an application filed under Section 15 (2) of the Payment of Wages Act, 1936 (for short, 'the Act'). The said application was allowed by the learned Senior Sub Judge, Hoshiarpur, exercising the powers of Authority under the Payment of Wages Act, vide its order dated 13.8.1991, to the following effect:-

(3.) THUS , by virtue of the aforesaid order, the only grievance left with the appellant to be redressed was with regard to stoppage of two increments with cumulative effect. He filed the present appeal before this Court in which learned counsel for the appellant has submitted that the learned Court below has committed a serious error of law in not granting the relief to set aside the order with regard to stoppage of two increments with cumulative effect despite the fact that there is no findings regarding any loss having been suffered by the department except for the negligence attributed to him.