RANA BAHADUR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner approached the Assistant Labour Commissioner, Saharsa in B. S.E. Case No. 1/1986 for a direction to the opposite party, employer, for making payment of his due wages amounting to Rs. 19,875.00 together with compensation ten times of the amount claimed. It was the contention of the petitioner in the said case that though he was appointed at the monthly salary of Rs. 350.00 per month, the same stood increased to Rs. 500.00 and it was agreed that the petitioner would take -per month a sum of Rs. 100.00 and the remaining sum of Rs. 400.00 would remain in custody of the respondent -employer for and on account of the petitioner and for his benefit. It was contended that the petitioner wanted such sum when the employer refused to pay the same. The Assistant Labour Commissioner, Saharsa found that the petitioner has failed to prove that his salary went upto Rs. 500.00 and that there was any agreement to retain Rs. 400.00 by the employer for and on account of the petitioner.

(2.) THE appellate authority also found the same on facts and accordingly the Assistant Labour Commissioner as well as the appellate authority, namely, Industrial Tribunal, rejected the claim of the petitioner. Both the authorities held after considering evidence that the petitioner has failed to prove two basic factors to support his contentions, namely, that he was drawing a salary at the rate of Rs. 500.00 per i month and there was an agreement to retain Rs. 400.00 per month on account of the petitioner to be paid to him, as and when he decides to have the same. Since the authorities concerned have decided the matter on facts after considering evidence it would not be proper on the part of the Court in writ jurisdiction to interfere with such determined questions of fact, without a challenge that the evidence as was available the finding could not be as was concluded.