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R.S.C. Mills v. P.W.A. - WRIT - C No. 11427 of 1988  RD-AH 12253 (18 July 2007)
Civil Misc. Writ Petition No.11427 of 1988
Ramala Sahakari Chini Mill Ltd, Ramala, District Meerut, through its General Manger Vs. Payment of Wages Authority, Begam Bridge Road, Meerut and another
Hon'ble S.U. Khan, J.
In spite of sufficient service as mentioned in the office report dated 02.02.2007, no one has appeared on behalf of the respondent no.2-Sahendra Pal Singh.
Heard learned counsel for the petitioner.
This writ petition is directed against order dated 26.05.1988 passed by Payment of Wages Authority, Meerut in P.W.A. No.128 of 1987, Sahendra Pal Singh Vs. M/s R.S.C. Mills, Meerut. Respondent No.2 had filed a claim before respondent No.1 under Section 15 of Payment of Wages Act, 1936 claiming that the following amounts had wrongly been deducted from his salary:-
1.Rs.62.66/- from his salary for 19 & 20th November, 1986.
2.Rs.2820.00/- from his salary from 16.12.1986 to 15.03.1987
3.Rs.1368.80/- from his salary from 01.05.1987 to 13.06.1987
The impugned order is ex parte. In the order, it is mentioned that opposite party, i.e. petitioner, filed written statement but thereafter no one appeared on behalf of petitioner, hence case was directed to proceed ex parte. Thereafter the said order was recalled conditionally. However as condition of payment of cost to Sahendra Pal Singh was not complied with, hence order directing the case to proceed ex parte remained intact.
Ultimately, the respondent No.1 directed payment of the claimed amount and five times compensation amounting to Rs.21,000/- and odd. Total liability was fixed at about Rs.25,500/-.
In my opinion, as proceedings were ex parte and as even the version of the defendant taken in the written statement was not taken into consideration by respondent No.1, hence there was no justification to award five times compensation.
Learned counsel for the petitioner has agreed that the awarded amount in respect of unpaid salary will be paid by the petitioner without admitting its liability.
Accordingly writ petition is allowed in part. Impugned order is modified. The direction regarding payment of unpaid salary amounting to Rs.4251.46/- contained in the impugned order is maintained, however the direction to pay five times compensation is quashed.
Petitioner is directed to pay Rs.4251.46/- to respondent No.2 within three months or deposit the said amount within the same period before respondent No.1 for immediate payment to respondent No.2. In case of default, since after three months till actual payment/deposit 1% per month interest shall be payable.
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