PREM NATH GUPTA Vs. APPROPRIATE AUTHORITY

JUDGEMENT

(1.) THIS Revision petition is directed against the orders dated 9. 11. 1981 and August 19, 1983 (Annexures P-3 and P-4) passed by respondent Nos. 1 and 2 respectively.

(2.) VIDE order, Annexure P-3, the Authority under the Payment of Wages Act, 1936 (for short, 'the Act') at Ludhiana partly allowed the petition under Section 15 (2) of the Act, filed by Respondent No. 3 (Husan Lal) and directed the Petitioners to pay a sum of Rs. 3916. 20 Ps to him. Vide order, Annexure P-4, learned Additional District Judge cum-Appellate Authority, Ludhiana, dismissed the appeal filed by the Petitioners herein against the afore-mentioned order, Annexure P-3. Aggrieved of these orders, the petitioners have approached this Court. Facts: Respondent No. 3 moved an application dated July 19, 1979 (Annexure P-l) under Section 15 (2) of the Act, inter-alia, on the ground that he was employed in the factory M/s Supreme Woollen Mills (Petitioner No. 2) and that he was not paid the wages and other dues, the details of which were mentioned in para 3 (1) of the application. It was further averred that the petitioner No. 1 (Prem Nath Gupta) who is a partner in petitioner No. 2 is the person responsible for making these payments. The petitioners contested the aforesaid application vide their reply, copy appended as Annexure P-2. The Authority under the Act, however, on appreciation of evidence led by the parties and their respective pleadings, partly accepted the claim of Respondent No. 3 and held him entitled to a sum of Rs. 3916. 20 Ps to be payable by the petitioners.

(3.) WHILE accepting the afore-mentioned claim, the Authority under the Act, held that Respondent No. 3 owned Rs. 850/- to the Petitioners which he had taken as advance; Respondent No. 3 was entitled to Rs. 420. 80 Ps as wages for the period from 1. 10. 1978 to 24. 10. 1978 at the rate of Rs. 625/- per month; he was also entitled to Rs. 555. 90 Ps against leave with wages, apart from the retrenchment compensation to the tune of Rs. 2187. 50 Ps, as well as Rs. 625/- in lieu of one month's notice which was required to be given to him under Section 25-F of the Industrial Disputes Act, 1947. In addition, Respondent No. 3 was also found entitled to Rs. 977/- as bonus.