HAJARI RAM Vs. MANTRI KHADI MANDIR BIKANER

JUDGEMENT

(1.) These are two connected revisions and as they have been heard together, it will be convenient to dispose them of by a common judgment.

(2.) The petitioner submitted an application under Section 15 (2) of the Payment of Wages Act, 1936 (No. IV of 1936) (hereinafter referred to as 'the Act') before the Authority under the Act (for short 'the Authority' hereafter) at Bikaner, on July 21, 1972 against the non-petitioner. The petitioner and the non-petitioner will hereafter be referred to as 'the employee' and "the employer1 respectively- It was stated in the application by the employee that the employer had not paid wages from August 23, 1970 to May 31, 1972 @ Rs. 200/-per month. The total amount of wages payable to the employee on account of the aforesaid period was assessed at Rupees 4253.34 p. Along with this application, a separate application for condoning delay was submitted as the claim for wages for the period from August 23, 1970 to June 30, 1971 was not within the period prescribed by proviso to Section 15 (2) of the Act. The facts, which constituted sufficient cause for not making the application within the prescribed period were mentioned in that application. The Authority issued notice to the employee on August 5, 1972 to show cause as to why the application should not be rejected as it was time barred. Copy, along with copy of the notice was also sent to the employer for appearing before the Authority on the aforesaid date.

(3.) On August 5, 1972, the employer submitted a reply contending that the applicant was not the employee of the employer during the aforesaid period from August 23, 1970 to May 31, 1972 and, therefore, he was not entitled to any wages for the said period. The employer questioned the locus standi of the employee to submit the application. A plea was also taken that the claim of the employee was not with in limitation