BAL KRISHNA Vs. DISTRICT TRAFFIC SUPERINTENDENT WESTERN RAILWAY

JUDGEMENT

(1.) THESE are connected revision applications arising: out of two claims preferred by Bal Krishna, applicant, under Section 15 of the Payment of Wages Act.

(2.) BAL Krishna was employed as a clerk in grade I in the B. B. and C. I. Railway on 5 October 1936 in the scale of Rs. 30-4-50-5-80 on a minimum salary of Rs, 40 per month. There were three grades of clerks. The salary of clerks in grade II was Rs. 100 and of those in grade III was Rs. 140. Bal Krishna officiated in grade II with effect from 2 April 1946 and in grade III with effect from 26 December 1946. On 1 January 1947 his substantive appointment was in grade I and his substantive pay was Rs. 80 per month. New scales of pay came into force in 1947 and in place of grades II and III one grade with a scale of pay of Rs. 80-5-120-E. B.-8-160 was introduced. An option was given to the clerks concerned to get their salary fixed in this grade either with effect from 1 January 1947 or with effect from 16 August 1947. Bal Krishna elected the new scale with effect from 1 January 1947, His salary was fixed by the office at Rs. 152 per month in the new scale with effect from 1 January 1947. It was subsequently discovered that there was an error in this fixation and that his salary should have been fixed at Rs. 105 instead of being fixed at Rs. 152. The fixation was accordingly corrected and salary was paid to him at Rs. 105 per month with effect from 14 February 1947. Dearness allowance was also paid to him on this salary at the prescribed rate of 171/2 per cent. He continued to draw salary and dear-ness allowance at the rates at which it was paid to him by the railway but preferred claims from time to time under Section 15 of the Payment of Wages Act against the railway for the difference between the salary and dearness allowance actually paid to him and that which would have been payable to him if the earlier fixation of his salary at Rs. 152 per month had not been revised.

(3.) THE first claim was preferred on 20 July 1950. This claim was allowed by the prescribed authority and the appeal preferred by the railway under Section 17 was dismissed by District Court.