Appeal No 1898 of 1967
Appeal by Special Leave from the Judgment and Order dated the 4th November 1965 of the Allahabad High Court in Civil Miscellaneous Petition No 2491 of 1965
Bishan Narain and D N Mishra for the appellant
section N Prasad and section P Nayar for respondents Nos 1  2
The Judgment of the Court were delivered by SARKARIA J
This appeal by special leave is directed against the order dated November 4 1965 of the High Court of Judicature at Allahabad dismissing the appellant s writ petition under Article 226 and 227 of the Constitution in limine
The appellant was a Guard C  Grade in Northern Railway
He was confirmed in that post in 1952
On April 3 1955 an incident took place at Railway Station Kalka as a result of which he was prosecuted for an offence under section 509 Penal Code
The Additional 180 District Magistrate Ambala convicted and sentenced him on December 29 1955 to three months simple imprisonment
His appeal was dismissed by the Court of Session
In Revision the High Court of Punjab on March 5 1956 maintained his conviction but reduced the sentence
On April 2 1956 the appellant received a communication from the Divisional Personnel Officer Northern Railway that he had been dismissed by the Divisional Superintendent from service wef March 31 1956
In Appeal by special leave this Court set aside the conviction of the appellant and acquitted him by its judgment dated March 7 1957
Thereafter the appellant filed a writ petition in the High Court of Punjab under Article 226 of the Constitution impugning the order The High Court by its judgment dated of his dismissal
September 2 1958 issued the writ directing the respondents to treat the dismissal of the appellant wholly void and ineffective
Pursuant to that direction on December 26 1958 the appellant received a letter from the Divisional Personnel Officer that he had been reinstated to the post of Guard C  Grade and that the matter of his back wages for the period between the date of his
dismissal and the date of reinstatement would be decided later on
By another letter of February 13 1959 the same officer informed the appellant that the period from the date of his dismissal to the date of his reinstatement would be treated as leave due
The appellant on March 11 1959 was paid Rs 8151 as his entire wages for the period ending March 7 1959
On August 13 1959 the appellant made an application under section 152 of the Act 4 of 1936 here inafter referred to a the Act before the prescribed authority claim in  a sum of Rs 901560 plus 10 times of the said amount as compensation from the respondents
In addition Traveling Allowance was claimed
Later an attempt was made to amend the application and replace Traveling Allowance  by Running Allowance 
The Authority did not permit the appellant to do so as he had failed to amend in time despite the order of the Court
The respondents resisted the appellant s claim on various grounds including that of limitation
By an order dated August 7 1963 the Authority directed respondent No 1 Union of India in its capacity as employer to refund the sum of Rs 486320 plus Rs 100 as costs to the appellant holding that the same had been illegally deducted from his wages
The Authority disallowed the remaining claim including that of the Running Allowance
Against the order of the Authority two appeals were carried to the Appellate Authority Additional District Judge One by the appellant and the other by the respondents
The Appellate Authority held that the appellant s claim was barred by time as limitation had commenced from the date of dismissal from service and not from the date of reinstatement or the date on which it was decided to treat the period of dismissal as leave due
It upheld the dismissal of the appellant s claim to the Running Allowance inter alia for the reason that he had despite the order of the 181 Authority failed to amend the petition within the period indicated in 06 R18 of the Code of Civil Procedure
The Appellate Authority further found that the Railway Administration was competent to treat the period of appellant s inactive service from April 1 1956 to February 17 1959 as leave due and to deduct his wages for that period in accordance with rule 2044 of the Railway Establishment Code and in view of section 7 2 h of the Act no refund of the deducted wages could be allowed
It further held that in the case of Railway Administration the Divisional Superintendent named as Pay Master was res ponsible for the payment of wages of the Railway employees and consequently the direction of the Authority requiring the Union of India to make payment to the claimant was illegal
In the result the Appellate Authority allowed the respondent s appeal and dismissed the appellant s claim
The appellant s writ petition impugning this order of the Appellate Authority was as already stated dismissed by the High Court
Hence this appeal
The first question that falls to be considered is whether the claim application filed by the appellant under section 152 of the Act was time barred Mr Bishan Narain learned Counsel for the appellant contends that the case falls under the first part of the proviso 1 to section 152 which relates to deduction of wages and limitation would start from March 11 1959 when the wages for the period of the appellant s inactive service were actually deducted and he was paid Rs 8151 only for the entire period ending March 7 1959
 Even on a stricter view according to the learned Counsel limitation would not start earlier than the date February 13 1959 when constructive deduction took place and it was decided to treat the period of his inactive service as leave due which meant leave without pay
Since the appellant s claim application had been presented within six months of either of these dates it was well within time
Learned Counsel for the respondents does not dispute that this is a case of deduction of wages
His argument however is that irrespective of whether the case was one of deduction or of non payment of wages the starting point of limitation would be the same viz the date on which the wages fell due or accrued
The argument is that the concepts of deducted wages  and  delayed wages  are so integrated with each other that the events relatable to them always synchronise furnishing the same cause of action and the same start of limitation
It is pointed out that the wages of a Railway employee fall due every month wages of one month being payable by the 10th of the succeeding month
Since the dismissal of the Appellant was declared void and non est by the Punjab High Court it is urged his right to claim wages continued to accrue every month even during the period of Ills dismissal
In the view propounded by the learned Counsel limitation for making the application under section 1 5 2 started from January 3 1956 the date of the dismissal and the application made by the appellant 182 more than three years thereafter was clearly time barred
Reference has been made to this Court s decision in Jai Chand Sawhney vs Union of India1
We shall presently see that while the contentions of the learned Counsel for the respondents cannot those canvassed by the learned Counsel for the appellant must prevail
The material part of section 15 of the Act reads 151 152 Where contrary to the provisions of this Act any deduction has been made from the wages of an employed person or any payment of wages has been delayed such person himself or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf or any Inspector under this Act or any other person acting with the permission of the authority appointed under sub section 1 may apply to such authority for a direction under sub section 3 Provided that every such application shall be presented within twelve months from the date on which the deduction from the wages was made or from the date on which the payment of the wages was due to be made as the case may be Provided further that any application may be admitted after the said period of twelve months when die applicant satisfies the authority that he had sufficient cause for not making the application within such period
153 When any application under sub section 2 is entertained the authority shall hear the applicant and the employer or other person responsible for the payment of wages under section 3 or give them an opportunity of being heard and after such further inquiry  if any as may be necessary may without prejudice to any other penalty to which such employer or other person is liable under this Act direct the refund to the employed person of the amount deducted or the payment of the delayed wages together with the payment of such compensation as the authority may think fit not exceeding ten times the amount deducted in the former case and not exceeding twenty five rupees in the latter and even if the amount deducted or the delayed wages are paid before the disposal of the application direct the payment of such compensation as the authority may think fit not exceeding twenty five rupees 
The question of limitation turns on an interpretation of the first proviso to sub section
2 of section 15
This proviso ex facie indicates two 1
183 alternative termini a quo for limitation namely  i the date on which deduction from wages was made or ii the date on which the payment of the wages was due to be made
From a reading of section 15 it is clear that the legislature has deliberately used first in sub section
2 and then in sub section
3 the expressions deduction of wages and delay in payment of wages as two distinct concepts
Terminus a quo i in the proviso expressly relates to the deduction of wages while ii is referable to the delayed wages
if both these terminii were always relatable to the same point of time then there would be no point in mentioning terminus a quo i and the Legislature could have simply said that limitation for a claim under section 152 would always start from the date on which the wages fall due or accrue as has been done under article 102 of the Limitation Act which applies only to suits for recovery of wages
The very fact that two distinct starting points of limitation referable to two distinct concepts have been stated in the proviso shows that the Legislature had visualised that the date of deduction of wages and the due date of delayed wages may not always coincide
Conjunction or which in the context means either and the phrase as the case may be at the end of the Proviso are clinching indicia of this interpretation
They are not mere suplusages and must be given their full effect
The Legislature is not supposed to indulge in tautology and when it uses analogous words or phrases in the alternative each maybe presumed to convey a separate and distinct meaning the choice of either of which may involve the rejection of the other
To hold that the two expressions wages deducted and wages delayed though used in the alternative carry the same meaning and in the Proviso are always referable to one and the same  point of time would be contrary to this primary canon of interpretation Deduction from wages has not been defined in the Act
Some illustrations of such deductions are however to be found in sections 7 and 13
One of them in section 7 2 b is deductions for absence from duty which indicates that such deduction can be a total deduction also
That is to say deduction from wages may be the same thing as deduction of wages
The deduction in the instant case is akin to this category covering the entire deficiency for the period of absence the only difference being that here the appellant absence from duty was involuntary
Such absence in official parlance is euphemistically called in active service  if the employee is later on reinstated
The point to be considered further is when did such deduction ofwages take place  Ordinarily in a case like the present where the employee was dismissed on one date and reinstated on a later date the deduction of wages may synchronise with the act of reinstatement
But on the peculiar and admitted facts of this case the deduction did not take place on the date of reinstatement 26 12 1958 because the order of reinstatement expressly stated that decision with regard to his wages to be paid for that period will be taken later on
In the case in hand therefore the deduction  will coincide with the decision impliedly or expressly deducting the wages
Such a decision was taken 184 and put in the course of a communication to the appellant on February 18 1959 whereby he was informed that the period from 3 1 1956 to 17 3 1959 would be treated as leave due  Which it is conceded meant leave without pay
Thus deduction from his wages for the entire period of his inactive service  took place on February 18 1959
and limitation under the first part of the Proviso commenced from that date
The application was made on August 13 1959 within six months of that date and was thus within time
in Jai Chand Sawhney s case supra the interpretation of the first Proviso to section 152 never came up for consideration
Therein the Court was concerned only with the construction of the expression accruedue in article 102 of the Limitation Act 1908 which does not govern applications under section 152 of the Act
That case therefore is of no assistance in determining the precise issue before us
It may be observed in passing that the rule in Sheo Prasad vs Additional District Judge1 relied on by the Additional District Judge was not followed by the same High Court in Ram Kishore Sharma vs Additional District Judge Saharanpur2 as is had ceased to be good law in view _of the decision of this Court in Divisional Superintendent Northern Railway vs Pushkar Dutt Sharma3
In Pushkar Dutt s case supra the application under section 15 2 of the Act was filed within six months of the date on which the dismissal of the employee was set aside by the court in second appeal
The employee s application would have been within time irrespective of whether his case was treated as one of wages deducted or wages delayed
Therefore the necessity of examining the comparative mean ing and distinction between deduction from wages or delay in payment of wages due and the two alternative starting points of limitation relatable to these expressions did not arise in that case
In the light of the above discussion we reverse the finding of the Additional District Judge and hold that the application filed by the appellant under section 152 of the Act having been made within six months of the date of deduction from his wages was within time
The second ground on which the order of the Additional District Judge proceeds is that since the deduction of the wages for the period of his inactive service from April 1 1956 to February 17 1959 had been made under the order of a co mpetent authority passed in accordance with rule 2044 of the Railway Establishment Code in view of section 7 2 h of the Act no order could be made for the refund of the deducted amount
Both the learned Counsel before us are agreed that in view of the pronouncement of this Court in Devendra Pratap Narain Rai Sharma vs State of UP4 this ground is not sustainable
In Sharma s case supra this Court was construing rule 54 of the UP Government Fundamental Rules the language of which is substantially the same as that of rule 2044 of the Railway Establishment Code
It 1 AIR 1962 All 144
2 1959 All Law Journal p 225
3 4 1962 Supp
SCR 315
185 was held therein that r 54 enables the State Government to fix the pay of a public servant when his dismissal is set aside in departmental appeal
But that rule has no application to cases in which dismissal is declared invalid by a decree of civil court and he is in consequence reinstated
Mr Bishan Narain next contends that the prescribed Authority had wrongly disallowed the claim of the appellant to Running Allowance  which he had mis described as Traveling Allowance in his claim application
The point pressed into argument is that once the Authority had allowed the appellant to amend his application for converting the claim of Traveling Allowance into Running Allowance it had no discretion left thereafter to prevent him from carrying out the amendment on the technical ground that the period indicated by Order 6 Rule 18 Code of Civil Procedure for this purpose has expired
The Code of Civil Procedure it is urged does not govern amendment of applications under section 152 of the Act
The contention is untenable
While it is true that Rule s 17 and 18 of Order 6 of the Code do not in terms apply to amendment of an application under section 152 the Authority is competent to devise consistently with the provisions of the Act and the Rules made thereunder its own procedure based on general principles of justice equity and good conscience
One of such principles is that delay defeats equity
The Authority found that the applicant was guilty of gross negligence
He took no steps whatever to carry out the amendment for several months after the order permitting the amendment and thereafter when the case was at the final stage he suddenly woke up as it were from slumber and sought to amend his application
In the circumstances the Authority rightly refused to put a premium on this delay and laxity on the part of the appellant
In the view we take on the claim to running allowance we need not pronounce finally on whether an amendment to the relief once granted requires to be formally carried out in the petition as in a pleading in court less rigidity being permissible in quasi judicial proceedings
Mr Bishan Narain further contends that Running Allowance was a part of the pay or substantive wages
In support of this argument he has invited our attention to rule 2003 of the Railway Establishment Code clause 2 of which defines average pay 
According to the second proviso to this clause in the case of staff entitled to running allowance average pay for the purpose of leave salary shall include the average running allowance earned during the 12 months immediately preceding the month in which a Railway servant proceeds on leave subject to a maximum of 75 per cent of average pay for the said period the average running allowance once determined remaining In operation during the remaining part of the financial year 1 cases of leave not exceeding one month
The crucial words which have been underlined
show that such Running Allowance is counted towards average pay  in those cases only where the leave does not exceed one month
It cannot therefore be said that Running Allowance was due to the appellant as part of his wages for the entire period of his inactive ser 186 vice
Traveling allowance or running allowance is eligible if the officer has traveled or run not otherwise
We therefore negative this contention
For the foregoing reasons we allow this appeal set aside the order of the Appellate Authority and restore that of the Prescribed Authority
The appellant shall have his costs throughout
KRISHNA IYER J
The judgment just delivered has my full concurrence but I feel impelled to make a few observations not on the merits but on governmental disposition to litigation the present case being symptomatic of a serious deficiency
In this country the State is the largest litigant to day and the huge expenditure involved makes a big draft on the public exchequer
In the context of expanding dimensions of State activity and responsibility is it unfair to expect finer sense and sensibility in its litigation policy the absence of which in the present case he led the Railway callously and cantankerously to resist an action by its own employee a small man by urging a mere technical plea which has been pursued right up to the summit court here and has been negatived in the judgment just pronounced  Instances of this type are legion as is evidenced by the fact that then Law Commission of India in a recent report1 on amendments to the Civil Procedure Code has suggested the deletion of section 80 finding that wholesome provision hardly ever utilised by Government and has gone further to provide a special procedure for government litigation to highlight the need for an activist policy of just settlement of claims where the State is a party
It is not right for a welfare  State like ours to be Janus faced and while formulating the humanist project of legal aid to the poor contest the claims of poor employees under it pleading limitation and the like
That the tendency is chronic flows from certain observations I had made in the Kerala High Court decision2 which I may usefully excerpt here The State under our Constitution undertakes economic activities in a vast and widening public sector and inevitably gets involved in disputes with private individuals
But it must be remembered that the State is no ordinary party trying to win a case against one of its own citizens by hook or by crook for the State s interest is to meet honest claims vindicate a substantial defence and never to score a technical point or overreach a weaker party to avoid a just liability or secure an unfair advantage simply because legal devices provide such an opportunity
The State is
a virtuous litigant and looks with unconcern on immoral forensic successes so that if on the merits the case is weak government shows a willingness to settle the dispute regardless of prestige and other lesser motivations which move private parties to fight 1 Law Commission of India 54th
Report Civil Procedure Code
2 PP Abu backer vs The Union of India  AIR 1972 Ker
103  107 para 5 187 in court
The lay out on litigation costs and executive time by the State and its agencies is so staggering these days because of the large amount of litigation in which it is involved that a positive and wholesome policy of cutting back on the volume of law suits by the twin methods of not being tempted into forensic show downs where a reasonable adjustment is feasible and ever offering to extinguish a pending proceeding on just terms giving the legal mentors of government some initiative and authority in this behalf
I am not indulging in any judicial homily but only echoing the dynamic national policy on State litigation evolved at a Conference of Law Ministers of India way back in 1957
This second appeal strikes me as an instance of disregard of that policy
 All these words from the Bench hopefully addressed to a responsive Government may if seasonable reactions follow go a long way to avoidance of governmental litigiousness and affirmance of the image of the State as deeply concerned only in Justic Social Justice
The phyrric victory of the poor appellant in this case is a sad justification for the above observations


Summary:
The appellant a Railway Guard was convicted and sentenced for an offence under section 509 IPC
The High Court uphold his conviction
On appeal this Court set asidethe conviction and acquitted him
In the meanwhile the appel lant was dismissed from service with effect from 31st March 1956
The appellant impugned the order of dismissal in the High Court which held that his dismissal was wholly void and ineffective
Thereupon the appellant was reinstated and was informed that the matter of his back wages for the period between the date of his dismissal and the date of reinstatement would be decided later
By another letter he was informed that this period was treated as leave due
He was paid Rs 8151 as his wages for the entire period ending on March 7 1959
The appellant made an application under section 152 of the claiming Rs 901660 plus ten times the said amount as compensation
In addition he first claimed traveling allowance  but later sought to amend the application by replacing traveling allowance by running allowance This was rejected by the Prescribed Authority
The Authority allowed a part of the claim but the appellant preferred an appeal to the Appellate Authority under the Act
The Appellate Authority held that the claim was barred by time as limitation had commenced from the date of dismissal from service and not from the date of reinstatement Or the date on which it was decided to treat the period of dismissal as leave due
On the question i whether the
claim application filed by the appellant tinder s 152 was time barred and ii whether he was entitled to running allowance
Allowing the appeal HELD  i the first proviso to sub sections
2 of section 15 indicates two alternative starting points for limitation namely i the date on which deduction from wages was made or ii the date on which the payment of the wages was due to be made
183 A From a reading of section 15 it is clear that the legislature has deliberately used first
in sub section
2 and then in sub section
the expressions deduction of wages c and delay in payment of wages  as two distinct concepts
Terminus a quo i in the proviso expressly relates to the deduction of wages while ii is referable to the delayed wages
If both these terminii were always relatable to the same Point of time then there would be nor point in mentioning terminus a quo i and the legislature could have simply said that limitation for a claim under section 152 would always start from the date on which the wages fall due or accrue as has been done under Article 102 of the Limitation Act which applies only to suits for recovery of wages
The very fact that two distinct starting points of limitation referable to two distinct concepts have been stated in the proviso
shows that the legislature had visualised that the date of deduction of wages and the due date of delayed wages
may not always coincide
Conjunction or which in the context means either and the phrase as the 179 case may be at the end of the proviso are clinching indicate of this interpretation
They are not mere surpluses and must be given their full effect
The legislature is not supposed to indulge in tautology and when it uses analogous words or phrases in the alternative each may be presumed to convey a separate and distinct meaning
the choice of either of which may involve the rejection of the other
To hold that the two expressions wages deducted and wages delayed though used in the alternative
carry the same meaning and in the proviso are always referable to one and the same point of time would be contrary to this primary canon of interpretation
183B E Ordinarily where an employee was dismissed on one date and reinstated on another the deduction of wages may synchronize with the act of reinstatement
In the instant case the deduction did not take place on the date of reinstatement because the order of reinstatement expressly stated that decision with regard to his wages for the period would be taken later
Therefore the deduction would coincide with the decision deducting the wages
Such a decision was taken on February 18 1959 and limitation under the first part of the proviso commenced from that date
183G H Jai Chand Sawhney vs Union of India   Divisional Superintendent
Northern Railway vs Pushkar Dutt Sharma 1967  held inapplicable
ii Running allowance was counted towards average pay in those cases only where the leave did not exceed one month
Travelling allowance or running allowance was eligible if the officer had travelled or run not otherwise
it could not be said that running allowance was due to the appellant as part of his wages for the entire period of his inactive service
185H 186A Per Krishra Iyer J Concurring In this country the State is the largest litigant today and the huge expenditure involved makes a big draft on the public exchequer In the context of expanding dimensions of State activity and responsibility it is not unfair to expect finer sense and sensibility in its litigation policy the absence of which in the present case had led the Railways callously and cantankerously to resist an action by its own employee
a small man by urging a mere technical plea which had been pursued right up to the highest court and had been negatived It was not right for a welfare State like ours to be Janus faced and while formulating the humanist project of legal aid to the poor contest the claims of poor employees under it pleading limitation and the like 186 E