LAWS(RAJ)-2006-4-209

MINING ENGINEER Vs. AKHLESH KUMAR SHARMA

Decided On April 21, 2006
MINING ENGINEER (VIG) Appellant
V/S
AKHLESH KUMAR SHARMA Respondents

JUDGEMENT

(1.) On an application filed by the respondent No. 1 (the concerned workman) under Section 15 of the Payment of Wages Act, 1936 (hereinafter to be referred to as 'the Act'), a sum of Rs. 4368.95 paise were computed by the Payment of Wages Authority, Bharatpur (the Authority) vide order dated March 9, 1990. The above sum included the wages for the period from November 1, 1968 to January 31, 1988 (sic.) with compensation and other consequential amounts. Since compliance of the above order dated March 9, 1990 was not made, the concerned workman again filed an application under Section 20(6) of the Act before the Authority. The Authority, while allowing the application, vide order dated July 26, 1993, directed the petitioner to pay additional sum of Rs. 18,250/- as penalty at the rate of Rs. 15/- per day for delayed payment for 1215 days. The order dated March 9, 1990 as also July 26, 1993 are under challenge in the present writ petition. This Court, while dismissing the writ petition so far as Order dated March 9, 1990 is concerned and admitted the writ petition only to the extent of the validity of order dated July 26, 1993, vide order dated January 24, 1994. An interim order was also passed to the extent that petitioner was directed to deposit a sum of Rs. 2000/.

(2.) In spite of service of notice, the concerned workman has not chosen to appear before this Court.

(3.) After hearing learned counsel for the petitioner, I have carefully gone through the material on record, the impugned order as also the relevant provisions of the Act.