ICICI BANK Vs. PRESCRIBED AUTHORITY & ORS

JUDGEMENT

(1.) Instant writ petition has been filed under Articles 26 and 227 of the Constitution of India in which the petitioner Bank is challenging the validity of the order dated 5.10.2012 (Annex. 2) passed by the District and Sessions Judge (Metropolitan), jodhpur in Civil Appeal No. 10/2009 whereby the Appellate Court affirmed the order dated 30.8.2008 passed by the prescribed Authority under the Payment of wages Act, Jodhpur in favour of workman respondent No. 2 Gopal Singh and issued direction to the petitioner and to pay salary of T 26,280/-.

(2.) As per brief facts of the case, respondent No. 2 Gopal Singh moved application under Section 15(2) of the Payment of Wages Act, 1936 before the prescribed Authority under the Payment of Wages Act, 1936 and claimed that he as appointed as Class IV employee by the respondent Bank on 9.6.1999 by a verbal order and he worked till 15.10.2001 at the rate of L 7 1500/- per month and e said amount of salary was continued to be paid to respondent No. 2 Gopal fingh by the petitioner Bank upto 30.6.2000; but, thereafter although he performed duty as Class IV employee in the Bank till his termination with effect from 15.10.2001 payment of his salary was not made to him.

(3.) The Prescribed Authority after providing opportunity of hearing to the petitioner Bank and recording evidence of both the sides while framing issues adjudicated the matter that the claimant-respondent is entitled to receive amount of L 23,250/- as salary of the period from 1.7.2000 to 15.10.2001, L 3,0001- as compensation and L 30/- as cost, in all Z 26,280/-.