JODHPUR CENTRAL COOP BANK LTD Vs. NAIM SINGH

JUDGEMENT

(1.) PETITIONER by this writ petition has prayed that the award given by the Authority under the Payment of Wages Act dated September 22, 1986 may be quashed.

(2.) PETITIONER the Jodhpur Central Co-operative Bank Ltd. , has filed this writ petition and submitted that the respondent, their employee Nairn Singh filed a claim application under Section 15 (2) of the Payment of Wages Act, 1936 (hereinafter referred to as the Act of 1936) and claimed the over-time wages for working on the days which were declared as holidays under Section 25 of the Negotiable Instruments Act, 1881. It is alleged that the declared holidays are June 30, 1984, December 31, 1984, June 29, 1985 and December 31, 1985. But the Authority disallowed the claim of the petitioner with regard to the over time claimed for working on June 30, 1984 being barred by time. An objection was also raised regarding the jurisdiction of the authority for entertaining such application. However, the authority allowed petitioner's claim for overtime on December 31, 1984, June 29. 1985 and December 31, 1985 on the ground that Rajasthan declared holidays for those days under the Act of 1881 and petitioner worked on those days. Therefore, he is entitled to the overtime payment. The petitioner bank has filed the present writ petition challenging this award.

(3.) MR. Parihar, learned Counsel for the petitioner, has submitted that under Section 25 of the Negotiable Instruments Act certain public holidays are declared to save the negotiable instruments from expiry and on those holidays if any negotiable instrument expires, then it will be negotiable on the next preceding day. The explanation clarified that the public holiday includes Sundays and any other holidays declared by the Goverment by notification in the Official Gazette. Section 25 reads as under: