STATE OF PUNJAB Vs. HARBANS LAL

JUDGEMENT

(1.) The State of Punjab has invoked the revisional jurisdiction of this Court to challenge the order dated 6.12.1991 passed by the learned Additional District Judge, Jalandhar, dismissing the appeal filed by the State against the order dated 25.7.1991 passed by Sh. B.R. Bansal, Authority under the Payment of Wages Act, Jalandhar.

(2.) The respondent-workman filed a petition under Section 15(2) of the Payment of Wages Act alleging therein that he was working as a conductor in the Punjab Roadways, Depot No. 1, Jalandhar, which is an industrial establishment and as such it was governed by the provisions of Civil Services (Punishment and Appeal) Rules, 1970 as well as payment of Wages Act. It was claimed that the workman approached the petitioner for fixation of his pay and further enquired about the pay which is paid less to him, when it transpired that the petitioner passed orders dated 19.10.1981, 28.9.1978 and 9.11.1978, stopping his annual increments with cumulative effect. It was claimed that the impugned orders were illegal and null and void because the same were never communicated to the workman nor were passed in his presence and no inquiry was conducted against the respondent. It was claimed that the petitioner should refund the illegally deducted wages to the workman.

(3.) The notice was issued and the claim was contested by the petitioner by raising a preliminary objection that the application was barred by time and that it was not maintainable in present form. On merit, it was claimed that orders passed were legal and deductions made were dully justified.