CHANDRA SHEKHAR CHAUDHARY Vs. SUB DIVISIONAL OFFICER DARBHANGA

JUDGEMENT

(1.) The petitioner has filed this writ application for quashing the order dated 19-2-1979 passed by the Sub-Divisional Officer, Darbhanga, acting as the Certificate Officer under the provisions of the Bihar and Orissa Public Demands Recovery Act, and certain other reliefs. The relevant facts which need be stated are as follows:--

(2.) The petitioner was a Cashier in the Tirhut Co-operative Sugar Company Ltd., Ryam (Darbhanga) commonly known as 'Ryam Sugar Mill'. An industrial dispute regarding seniority of the petitioner in the gradation list was referred to the Industrial Tribunal, Bihar., and by the award dated 23-9-1967 (in Reference Case No. 28 of 1966) the petitioner was fixed in the pay scale of Clerical Grade HA with effect from 1-11-1960 (vide Annexure 2) as envisaged by the First Wage Board constituted for the workers of the sugar industries. The Mill challenged the award in this Court in C W. J. C. No. 10 of 1968 but that was dismissed on. 18-1-1971. Obviously, therefore, the petitioner became entitled to get the benefits of the scale of pay etc. as provided under the report of the Wage Board from the date of its implementation (1-11-1960)- Some dispute further cropped up between the management of the Mill and the petitioner regarding the date of fitment in that scale of pay and the petitioner had to take recourse to a proceeding under the Payment of Wages Act before the Sub-Divisional Officer, Darbhanga who by his order dated 15-2-1972 (Annexure 4) held the petitioner entitled to claim of Rs. 31,769.37 with interest @ 6 1/4% and directed the management to pay the same to the petitioner.

(3.) The management of the Mill was then taken over by the Tirhut Co-opsrative Sugar Factory, by memo dated 15-12-1972 together with the dues of the labourers as wages etc. The new management also did not make any payment to the petitioner and various technical disputes and objections were raised to the order (Annexure 4) and ultimately the petitioner had to seek clarifications from the District Magistrate, Darbhanga which was disposed of by the Sub-"Divisional Magistrate, Darbhanga, the prescribed authority under the Payment of Wages Act, who by his order dated 20-5-1974 (Annexure 7) held the order. (Annex. 4) as legal and binding. In the meantime the petitioners' claim rose to Rs. 46,983.22 on a dispute raised by the union of the workmen vide letter of the Labour Commissioner dated 5th Nov., 1976 (Annexure 8).