JAWAHAR SINGH Vs. RAMBHAROSI

JUDGEMENT

(1.) This civil revision petition is directed against the judgement dtd. 20/2/2009 passed by the learned Additional District Judge No.2, Bharatpur (for brevity, "the learned appellate Court") in Civil Appeal No.23/2004 whereby, while allowing the appeal preferred by the respondent/non-applicant (for brevity, "the non-applicant"), the order dtd. 12/2/2004 passed by the Authority, Payment of Wages Act, Bharatpur (for brevity, "the Authority") in Case No.PWA/22/2000 allowing the application filed by the petitioner/applicant (for brevity, "the applicant"), has been reversed.

(2.) The relevant facts in brief are that the applicant filed an application under sec. 15(2) of the Payment of Wages Act, 1936 (for brevity, "the Act of 1936") against the non-applicant stating therein that despite working as driver on the tractor owned by the non-applicant, he has not been paid salary @ Rs.1,550.00 per month from 15/7/1999 to 15/4/2000. While allowing the application, the Authority directed the non-applicant to pay the applicant a sum of Rs.13,950.00 towards arrears of wages and a sum of Rs.5,000.00 towards penalty. The civil miscellaneous appeal preferred thereagainst by the non- applicant has been allowed and the order dtd. 12/2/2004 has been set aside by the learned appellate Court vide judgement dtd. 20/2/2009.

(3.) Assailing the judgement dtd. 20/2/2009, learned counsel for the applicant, inviting attention of this Court towards the provisions of Sec. 17(1A) of the Act 1936, would submit that since the appeal preferred by the non-applicant did not accompany a certificate by the authority evidencing deposition of the amount payable under the order dtd. 12/2/2004, it was incompetent and was not maintainable. He, therefore, prays that the revision petition be allowed, the judgement dtd. 20/2/2009 be quashed and set aside and the order dtd. 12/2/2004 passed by the authority be restored. Learned counsel, in support of his submissions, relies upon a judgement of Hon'ble Allahabad High Court in case of Executive Engineer UPSEB v. Prescribed Authority & Ors.: 2002 (93) FLR 913.