ANANT RAM RAMDEO Vs. ASSISTANT ENGINEER REC

JUDGEMENT

(1.) BY this writ petition, the petitioner seeks to quash the order dated December 18, 1984 (Ex. 11) passed by the learned Judge, Labour Court, Jodhpur whereby he has dismissed the claim application as not maintainable. It has been prayed that the respondent No. 1 may be directed to pay the wages which was deducted on the ground of petitioner's absence from duty. The petitioner has further prayed in the alternative that the case of the petitioner may be remanded to the respondent No. 2 Judge, Labour Court, Jodhpur to decide the case on merits.

(2.) BRIEFLY stated the facts of the case as alleged by the petitioner are that he is working as Peon under the respondent No. 1 the Assistant Engineer (REC), Rajasthan State Electricity Board, Pali. It is alleged that the respondent No. 1 deducted the salary of the petitioner amounting to Rs 1855-95 due to alleged absence from duty from December, 1977 to February, 1979. The petitioner moved an application under Section 15 (2) of the Payment of Wages Act, 1936 before the Payment of Wages Authority but the learned Authority dismissed the application on the ground that the claim application is time barred vide order dated February 16, 1983 (Ex. 1 ). Thereafter, the petitioner moved an application under Section 33c (2) of the Industrial Disputes Act, 1947 before the learned Judge, Labour Court. The learned Judge after considering the material on record dismissed the application. Hence, this writ petition.

(3.) THIS writ petition is pending since July 6, 1985. Notice to show cause was issued on July 25, 1985 and the petition was admitted on March 17, 1986. It has come up before me today. As agreed by the learned counsel for the parties, the matter is heard finally.