MOHAN LAL CHITTORA Vs. LABOUR ENFORCEMENT OFFICER CENTRAL

JUDGEMENT

(1.) THESE writ petitions are directed against the judgment of the District Judge, Bhilwara, dated 9th of November, 1970, whereby the appeal filed by the employer was dismissed and the order of the Payment of Wages Authority was upheld and the employer was directed to pay by way of compensation to those employees, the payment of whose wages was delayed, at the rate of Rs. 7 for those who were drawing more than Rs. 50 per month and Rs. 3 who were drawing less than Rs. 50 per month as wages.

(2.) SINCE common question of law is involved in both these petitions. I propose to dispose them of by one judgment.

(3.) THE finding of the Payment of Wages Authority, Bhilwara, that the petitioner paid the wages to his employees late is not disputed. The complaint filed under Section 15 (2) of the Payment of Wages Act was, however, contested by the employer on two grounds, namely, (1) that the wages had been paid before the reply was filed by the employer before the Payment of Wages Authority, and (2) that the workers had not suffered any loss or damage on account of the delayed payment of wages. The Payment of Wages Authority, after considering the evidence adduced before it, issued direction in both these cases that the employer shall pay compensation to the employees at the rate of Rs. 7 per labour who is getting more than Rs. 50 and Rs. 3 per labour getting less than Rs. 50 per month. This order of the Payment of Wages Authority was challenged before the District Judge, Bhilwara who did not find any substance in the appeal and rejected it. It is against this judgment of the District Judge, Bhilwara, that these writ petitions have been filed challenging the impugned orders mainly on the grounds that the employees are not entitled to any compensation as they failed to establish the damages sustained by them due to this delayed payment and that the order passed by the Payment of Wages Authority is arbitrary and is based on no reasonable ground.