CWP 834/02 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.834/2002 Smt. Bashiran Versus District Judge & (2) Ors. Date of Order ::: 27/03/08 Hon'ble Mr. Justice Ajay Rastogi Mr Amit Jindal, for petitioner Mr SC Mittal, for respondent NO.3 Instant petition has been filed by workman assailing judgment dt.24/07/01 (Ann.2) of appellate authority (District Judge, Bundi) upholding judgment dt.27/11/2000 (Ann.1) whereby Prescribed Authority under Payment of Wages Act, 1936 (“the Act”), rejected her claim on the premise that there was delay of three days in filing claim application under Payment of Wages Act. For payment of certain wages payable to her, application was filed by petitioner workman U/s 15(2) of the Act as per which limitation provided for such claim application is one year and there was delay of three days, for which condonation application was filed but neither Prescribed Authority under the Act nor the appellate Authority considered such delay of three days in right perspective. After going through the material on record and taking note of decision of this Court CWP 834/02 //2// (DB) in Smt. Kalyani Vs. District Judge, Bundi & Ors (Civil Special Appeal (W) 98/2007 decided on 13/02/2008), this Court is of the considered opinion that both the Prescribed Authority and appellate authority committed manifest error in rejecting claim application of petitioner on the ground of delay of three days, particularly when reasonable justification has come forward on record and that apart, being a beneficial legislation, a liberal view has to be taken note of. Consequently, writ petition succeeds and is hereby allowed alongwith stay petition. Orders dt.27/11/2000 (Ann.1) & 24/07/01 (Ann.2) are quashed & set aside. Matter is remanded back to the Prescribed Authority under the Act, Bundi directing to decide claim application of the petitioner on merits in accordance with law expeditiously keeping in view the fact that claim relates back to the year 1997. Parties are directed to remain present before the Prescribed Authority on 28/04/08 at 10.30 AM. No order as to costs. A copy of this order be sent to the Authority compliance. (Ajay Rastogi), J. K.Khatri/p.2/834CWP02.doc