MANAGER SEARCHLIGHT PRESS Vs. FACTORIES INSPECTOR

JUDGEMENT

(1.) Both these cases raise the common question of whether the Payment of Wages Act, 1936, applies to the working journalists employed in the Searchlight Press, Patna, and will be disposed of in one judgment.

(2.) In Civil Revision 530 of 1956 the facts are these : The Inspector of Factories visited the Searchlight Press on 16-7-1955, and on 23-7-1955, he reported to the District Magistrate, Patna, to the effect that the payment of wages amounting to Rs. 10,903/- for the month of June 1955 had not been paid and recommended action under Section 15 (2) of the Payment of Wages Act, 1936. It appears that the unpaid wages were in fact paid on 2-8-1955, that is, after the report of the Inspector of Factories. The petitioner showed cause and urged that the delay in payment of the wages was not due to any negligence on his part but to non-realisation of heavy bills from the different Government departments. The District Magistrate was of the opinion that there was no sufficient cause for delay in payment of the wages, and, therefore, this case was outside the purview of the proviso to Sub-section (3) of Section 15 of the Act, Accordingly, on 14-5-1956, he allowed to the workers compensation of rupee one per Lead on account of the delayed wages. It is the correctness of this order which is challenged in this case.

(3.) The facts in the other case (Civil Revision 478 of 1956) were almost similar. The Inspector of Factories reported to the District Magistrate that over-time wages to the several workers as mentioned in the four reports were not paid for the months of April to July, 1956. These payments were made by the Press after the report of the Inspector of Factories. The petitioner appeared and showed cause for delay -in payments. The District Magistrate was satisfied that the reasons assigned for the. delay were not .satisfactory. Accordingly, he allowed compensation of Rs. 100 to the employees mentioned in the list forwarded by the Inspector for the months of April, May, June and July, 1955. He further directed that the payment be made by 5-5-1956, and compliance reported on 8-5-1956.