HAR CHAND Vs. STATE OF RAJASTHAN

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 Sec. 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 employer' 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 Rs. 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, 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 for 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.) I have heard Mr. L. R. Mehta, learned counsel for the employee and Mr. Parmatma Sharan, learned counsel for the employer and have also gone through the record of the case.