BACHITTAR SINGH Vs. PUNJAB WOOLLEN TEXTILE MILLS

JUDGEMENT

(1.) THIS order will dispose of Civil Revisions Nos. 225 and 796 of 1969. Both the petitions cover the same period. The controversy has been narrowed down because the Petitioner has dropped the contention that he is entitled to question the order of dismissal before the Authority under the Payment of Wages Act. He has confined his contention to the payment of wages for the period from 1st October, 1966 to 15th of February, 1967. His contention is that the order of dismissal was passed on the 15th of February, 1967, and the order could not be made operative with effect from 1st October, 1966. This contention is sound and must prevail. In this connection reference may be made to, the decision of Mehar Singh C.J. in Messrs Chaman Textile Mills v. Tara Chand C.R. No. 841 of 1966 decided on 17th October, 1968. The observations of the learned Chief Justice, which are patient, are quoted below:

(2.) THE Learned Counsel for the Respondent contended that the Petitioner did not work from 1st October, 1986 to 15th February, 1967 because he was suspended. 'Suspension' has no meaning as was held by the Supreme Court in Between Hotel Imperial, New Delhi and Ors. and Hotel Workers' Union Case 11 L.L.J. 544 The relevant observations bearing on the point are quoted below: - -

(3.) FOR the reasons recorded above, I allow these petitions to this extent only that the Petitioner will be entitled to his wages for the period beginning from 1st October, 1966, and ending with 15th February, 1967. There will be no order as to costs.