GENERAL MANAGER PUNJAB ROADWAYS Vs. GURDEV SINGH

JUDGEMENT

(1.) THE State of Punjab has filed this petition under Article 227 of the Constitution of India for setting aside the judgment dated November 25, 2006 passed by Additional District Judge, jalandhar, whereby the appeal of the petitioner-State against the judgment dated september 18, 1986 passed by the Authority under the Payment or Wages Act (hereinafter referred to as 'the Act') has been dismissed.

(2.) IN this case, respondent Gurdev Singh, who was working as a Conductor with the respondent, filed an application under Section 15 (2) of the Act before the Authority under the act challenging certain orders of with-holding of his increments, being illegal and seeking direction to the petitioner-department to refund the wages, which have been illegally deducted under the said orders. In the application, it has been averred by the respondent that the said orders are not speaking orders.

(3.) THE Authority partly allowed the said application while holding that the deductions made in pursuance of orders dated April 10, 1973, September 4, 1975 and August 5, 1975 are unauthorised deductions being not speaking orders and on the basis of such orders, no deduction from the salary of the respondent can be made. However, with regard to the deductions made in pursuance of the orders dated October 6, 1975 and June 30, 1983, it was held that the same are authorised deductions. The appeal filed against the said order has also been dismissed.