BIJAY KUMAR VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioners being the Secretary, Treasurer, the President of the Managing Committee of Amrit Nagar High School, Karra, District-Hazaribagh have challenged the order dated March 13, 2001, passed by the Sub-Divisional Officer-cum-Authority under the Payment of Wages Act, 1936, (hereinafter called as the "Act" for the sake of convenience) whereby the learned Sub-Divisional Officer in exercise of the powers under the Payment of Wages Act, 1936 has allowed the application filed by the Respondent No. 3 Ms. Indu Kumari Sinha, and has directed the Managing Committee of Amrit Nagar High School pay a sum of Rs. 2,93,130 towards her due wages and a sum of Rs. 25 towards compensation.

(2.) The facts of the matter, in short, is that the Respondent No. 3 Ms. Indu Kumari Sinha, filed an application, before the Sub- Divisional Magistrate, Sadar-Hazaribagh stating therein that she was working, as a Science Teacher on being appointed as such by the Managing Committee of Amrit Nagar High School since 1982. It is said that subsequently she was dismissed from the service by the Secretary of the Managing Committee of the said High School by order dated March 28, 1997. It was further stated in her application that a sum of Rs. 2,52,826 was payable to her by the said High School towards her arrears of salary, and accordingly, she prayed that the Managing Committee of the School be directed to pay her salary which was due to her amounting to Rs. 2,52,826.

(3.) The claim of the Respondent No. 3, was contested by the Managing Committee of the School raising various objections about the maintainability of the application filed by the respondent No. 3 under the Payment of Wages Act, 1936 and also on the ground that the claim of the Respondent No. 3 was time barred. However, the learned Sub-Divisional Officer by the impugned order dated March 13, 2001 as contained in Annexure-2 to the writ application, allowed the application of the Respondent No. 3 as aforesaid and directed the Managing Committee to pay a total sum of Rs. 2,93,155 within three months from the date of the order.