General Manager, South Eastern v. J. P. Shrivastava
1997-10-26
D.M.DHARMADHIKARI
body1997
DigiLaw.ai
ORDER D.M. Dharmadhikari, J. 1. This petition under Article 227 of the Constitution of India is directed against the judgment of the Industrial Court dated 12-2-1986 passed in appeal whereby in exercise of powers under the provisions of Section 15 of the Payment of Wages Act, the Appellate Court has directed the petitioner as employer to make a payment of sum of Rs. 17,144.68 as compensation for illegal deduction of the wages payable to the respondent workman. 2. The facts briefly are that the Central Government Industrial Tribunal-cum-Labour Court passed an award on 13-7-1977 directing re-in statement of the respondent workman with full back wages. The employer challenged the award in the High Court by a petition which was dismissed by the High Court on 25-7-1979. During pendency of the petition in the High Court only a sum of Rs. 5,000/- was paid on the basis of an interim order passed in the writ petition on 18-7-1975 by the High Court. The arrears of wages were not paid even after the disposal of the writ petition which necessitated the workman to approach the Payment of Wages Authority under Section 15 of the Act. Thereafter the Payment of Wages Authority by order dated 19-2-1982 allowed the application directing payment of arrears of wages of Rs. 17,144.68 but refused to grant any compensation for the alleged illegal deduction from his wages. The Appellate Court by the impugned order dated 12-2-1986 allowed the appeal preferred by the respondent workman and granted him compensation equivalent to the amount of wages illegally withheld and deducted. 3. Learned Counsel Shri R. Menon appearing for the employer in this petition contends that the employer has throughout been bonafide litigating against the award in the High Court and there was no justification to award any compensation. 4. Shri R. K. Gupta, learned counsel appearing for the employee supports the impugned order stating that as has been held by the Appellate Court there was as long as seven years delay in payment of the arrears of wages which were due to the employee on the basis of the Award of the CGIT. 5.
4. Shri R. K. Gupta, learned counsel appearing for the employee supports the impugned order stating that as has been held by the Appellate Court there was as long as seven years delay in payment of the arrears of wages which were due to the employee on the basis of the Award of the CGIT. 5. Learned Member of the Appellate Authority in exercise of powers under the Act in paragraph 6 of its Judgment has considered all relevant circumstances to hold that for long seven years the employer had no justification to withhold payment of arrears of Wages to the respondent workman. Such a long delay was not justified, more so when the writ petition filed by the employer had been dismissed by the High Court in July, 1979. Learned counsel for the workman is right in submitting that even granting interest at the normal rate for the wages withheld for such a long period, the amount would work out to be much more than the amount of compensation awarded. As the Appellate Court while granting compensation has considered all the relevant circumstances and took into account the extent of delay, this Court finds no ground to interfere in the impugned order. 6. Consequently, the petition fails and is dismissed. In the circumstances, there shall be no order as to costs. The amount of security, if any, be refunded.