REGISTRAR, UNIVERSITY OF RAJASTHAN AND ORS. Vs. AUTHORITY, APPOINTED UNDER THE PAYMENT OF WAGES ACT, 1936 AND ORS.

JUDGEMENT

(1.) THE petitioner - University of Rajasthan, has impeached the order dated 11th November, 1997, passed by the Payment of Wages Authority, Jaipur, primarily on the ground of jurisdiction and has approached this Court with the prayer, which reads thus: - -

(2.) SHORN off unnecessary details, the indispensable essential material facts necessary for appreciation of the controversy raised are: that the respondent number 2 (Dayal Singh S/o. Shri Dan Singh) was engaged temporarily with effect from 1st April, 1993 to 31st October, 1993, on daily wages basis, in view of the vacancy that occurred in the office of Dean, Students Welfare, University of Rajasthan, Jaipur. It is pleaded case of the petitioner that respondent number 2 also approached this Court by way of S.B. Civil Writ Petition Number 508/1995, claiming wages for the period of 1st January, 1993 to 31st March, 1993 and from November, 1993 to December, 1994. This Court by an order dated 11th March, 1997, issued a direction to calculate the wages for the period aforesaid and make the payment within a period of one month from the date of receipt of a copy of the order. The respondent number 2, thereafter, filed a complaint before respondent number 1 i.e. Authority appointed under the Payment of Wages Act, 1936 (hereinafter referred to as the 'Act of 1936', for short), claiming wages for the period of 1st January, 1995 to 30th June, 1997 amounting to Rs. 24,960/ - (Rupees : Twenty Four Thousand Nine Hundred and Sixty) and compensation thereon to the tune of Rs. 2,49,600/ - (Rupees : Two Lakhs and Forty Nine Thousand and Six Hundred). The petitioner -University did not appear before the Authority appointed under the Act of 1936 (respondent number 1) and as a consequence, impugned order dated 11th November, 1997, was made under Section 15 of the Act of 1936 for an amount of Rs. 24,960/ - (Rupees : Twenty Four Thousand Nine Hundred and Sixty) and compensation of Rs. 10,000/ - (Rupees : Ten Thousand) in addition i.e. a total amount of Rs. 34,960/ - (Rupees : Thirty Four Thousand Nine Hundred & Sixty), to be paid within 30 days.

(3.) IN response to the notice of the writ application, reply has been filed on behalf of the respondent number 2, raising preliminary objection as to the very maintainability of the writ application in the face of Section 17 of the Act of 1936, which provides for an appeal against an order under Section 15, within a period of 30 days before the District Court. Learned counsel for the respondent number 2, Mr. Suresh Kashyap, referring to Rule 8 of the Payment of Wages (Procedure) Rules, 1936, pointed out that in the event of failure of the employer or his representative to appear before the Authority, an application to set aside the ex -parte determination could be sustained for re -hearing on a good cause being shown within a period of 1 month from the date of the order. Therefore, in view of availability of alternative, efficacious and speedy remedy under the Act of 1936 and the Rules made thereunder, the writ application merits rejection on that count alone. The contents of the writ application have also been generally denied supporting the impugned determination made by the Authority vide order dated 11th November, 1997.