PAHILAJ RAI Vs. WORKS MANAGER CARRIAGE

JUDGEMENT

(1.) THESE two revision applications are directed against the judgment and decree of the District Judge, Ajmer, and arise out of a petition filed by Pahilaj Rai petitioner in S.B. Civil Revision No. 185/71 (Who shall hereinafter be called the 'petitioner') under Section 15 of the Payment of Wages Act (Act No. IV of 1936) hereinafter referred to as the Act) against the Works Manager (Carriage) now as Dy. C.M.E. (C&W;) Western Railway, Aimer (hereinafter referred to as the 'opposite party'). They shall be disposed of by one judgment.

(2.) THE petitioner was working as a Head Clerk in Carriage and Works No. 26 Department, Western Railway, Ajmer. He was served with a charge sheet dated 12/15 November, 1955 charging him with an attempt to take away from the shop a pint of varnish, and after an inquiry, he was removed from service with effect from 9/10/56 On 9/4/62 the petitioner filed a suit in the court of Munsif, Ajmer District, Ajmer, for a declaration that the order of his removal from service was wrong, illegal and inoperative and that he continued in service and was entitled to all wages, allowances and other service benefits. The aforesaid suit was decreed on 15/3/66 and a decree in the following terms was passed in favour of the petitioner: The order of removal of the plaintiff from the service dated 19/10/56 is declared illegal and inoperative. The plaintiff continues in the service of the defendant. After obtaining a decree the applicant wrote to the General Manager, Western Railway, Bombay and endorsed a copy to the opposite party, requesting them to take him back on duty and to pay all his claims but there was no response. On 16/8/66 the petitioner moved an application under Section 15 of the Act for a direction requiring the opposite party to pay Rs. 33,776.0

(3.) BOTH the petitioner and the opposite -party have filed revisions.