Case: State of Punjab Vs. Jaswinder Singh

2. The Prescribed Authority under the Payment of Wages Act, 1936, accepted the Application filed by the Respondent, vide Order dated 27.11.1987 and took the view that Orders dated 24.2.1984, 1.6.1984 and 4.6.1985 passed by the Appellant were illegal and were void ab initio. The Appeal preferred by the Appellant herein against the aforesaid Order was dismissed by the appellate Authority, vide Judgment dated 11.5.1988. The State took up the matter before the High Court by means of Civil Revision. The High Court was of the view, that though the remedy available to the Respondent was to file a Statutory Appeal or to file a Civil Suit, however, since due procedure was not followed, the Orders passed for withholding increments violating of Principles of Natural Justice, have rightly been ignored. Hence, this Appeal.

Reasoning: 4. We find substance in the submission of the learned Counsel for the Appellant. The disciplinary proceedings were conducted against the Respondent in which Orders were passed imposing punishment of withholding the increments. Without challenging the said Order in the appropriate forum, it was not open to the Respondent to file an Application before the Prescribed Authority under the Payment of Wages Act, and the Prescribed Authority under the Payment of Wages Act has no jurisdiction to direct payment of Wages, which has already been withheld in the disciplinary proceedings and therefore, it has no right to sit in Appeal and to set aside the Order of withholding of increments passes in the disciplinary proceedings. In our view, the High Court has not correctly appreciated the issues raised before it and the view of the High Court that the Orders dated 24.2.1984, 1.6.1984 and 4.6.1985 have to be ignored since according to the High Court they were passed without following the due procedure, cannot be sustained. In our view, the appropriate remedy available to the Respondent either to file a Statutory Appeal before the Appellate Authority or to avail such other remedy in accordance with law, but certainly not to file an Application before the Prescribed Authority under the Payment of Wages Act. We are, thus, of the view, that the High Court has committed an error in dismissing the Civil Revision filed by the Respondent.