SAHIRAM Vs. JAGDISH PD & ANR

JUDGEMENT

(1.) By this writ petition, filed under Art. 226 of the Constitution, the petitioner Sahiram has prayed for quashing of the orders Ex 4 dated 30.5.1988, Ex. 6 dated 5.3.1992 and Ex. 7 dated 11.3.1992 and further prayed for a direction to respondent No. 2 to give an opportunity of hearing to the petitioner so that he may put up his case in respect of the claim of respondent No. 1 (Exp. 1).

(2.) The facts to be noticed for the disposal of this writ petition briefly stated are that respondent No. 1 filed a claim petition under s. 15(2) of the Payment of Wages Act, 1936 (for short 'the Act' hereinafter) claiming wages for the period 1.6.1982 to 30.4.1987 i.e. for a period of 11 months @ Rs. 500/- per month amounting to Rs.5500/-, which have not been paid to him. He has also claimed overtime of Rs. 5500/-. Thus, in all he has claimed a sum of Rs. 11,000/-. It is alleged that a sum of Rs. 1,000/-were paid to him as advance and hence, he has filed this claim petition for the recovery of Rs. 10,000/- only.

(3.) It has been contended by the petitioner that the respondent Jagdish has entered into a contract for agriculture work with the petitioner for a period of 12 months starting from 21.5.1986 and ending on 20.5.1987 and the petitioner agreed to pay him Rs. 6,000/-. That agreement of work contract was scribed by one Deewanchand Pawah, Petition Writer of Sri Ganganagar. He only worked for about four months and thereafter, a village Panchayat was called on 21.12.1986, in which, respondent No. 1 has agreed to pay a sum of Rs. 4682/- to the petitioner Sahiram. All these facts were mentioned by the petitioner Sahiram in his reply dated 5.8.1987 filed before the Authority under Payment of Wages Act, Sri Ganganagar. However, an exparte order was passed on 30.5.1988 against the petitioner as his Advocate did not appear before the Authority under Payment of Wages Act on 30.5.1988. The ex- parte order dated 30.5.1988 has been marked as Ex. 4.