Court : Rajasthan
Reported in : AIR1964Raj66
..... contention of mr. gupta and virtually the observations is that case are against him.8. on merits also the reasons on which the authority under the payment of wages act determined the question, as has already been discussedabove, are not sound and the learned counsel ofbrijkjshore khanna could not support them. hehas referred to other grounds ..... (4) para second.' 3. the learned counsel of brijkishore khanna has conceded that the logic of the observations referred to above of the authority under the payment of wages act is not sound and the learned counsel is right for the reason that the observations of the authority in this behalf are misconceived on their very face. ..... the opposite party brijkishore khanna being dissatisfied with the said order of the general manager of the western railway filed an application before the authority under the payment of wages act under section 15 and he claimed that the order of his fixation at rs. 110/- was not proper and that the order of deductions at rs. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1997)IIILLJ67Raj; 1996(2)WLC557
..... it. the case involving complicated and controversial question of facts and law which could not be decided by the payment of wages authority by a summary procedure provided in section 15(3) of the payment of wages act.'on the facts of the present case, therefore, the learned district judge, ajmer, has rightly held that the ..... increment. the petitioner thereupon moved an application under section 15(2) of the payment of wages act, 1936 (here-in-after referred to as 'the act') before the authority, appointed under section 15(1) of the act, with the allegation that the payment of wages in the form of one advance increment plus consequential benefits was unjustly delayed in ..... authority under section 15(1) had no jurisdiction to issue directions under section 15(3) of the act. the jurisdiction exercised by the learned district judge .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(2)WLN381
..... -1975) to the date of his reinstatement. after the decision of the judge industrial tribunal, the petitioner riled a separate application before the authority under the payment of wages act claiming wages from 24-9-1975 to june 1984. after the award made by the industrial judge, the petitioner was paid by the municipal council, udaipur an amount ..... divisional personnel officer western railway ajmer v. brij kishore khanna and ors. . in that case brijkishore khanna has made an application before the authority under the payment of wages act under section 15 and he claimed that the order of fixation at rs. 110/- was not proper and that the order of deduction of rs. 15/-per ..... basis of basic schedule of rates of public works department of the post of mistry, which was submitted by him. on that basis, the authority under the payment of wages act directed the municipal council udaipur to pay to the petitioner a further sum of rs. 37,862/- apart from counsel's fee and litigation expenses amounting to .....
Tag this Judgment!Court : Rajasthan
Reported in : (1963)IILLJ187Raj
..... flood 1898 a.c. 1.23. for reasons given above i find that dear-ness allowance is part of ' wages ' under the payment of wages act. as wages claimed in the present applications exceeded rs. 200, the authority under the payment of wages act had no jurisdiction to entertain the present claims.24. an application was moved on behalf of the applicant that as ..... the house-rent allowance was stopped with effect from 19 august 1948. on 8 june 1951 he put in his claim under section 15 of the payment of wages act for the payment of house-rent allowance from 19 august 1948. their lordships held that he was not entitled to this allowance as the rules distinctly provided that the ..... in his application, this part of his claim is untenable as recovery of dearness allowance is beyond the limited scope of an application under section 15 of the payment of wages act. if the claim to dearness allowance is knocked off, the remaining claim will be at an average rate of rs. 200 only in all the three applications. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1995)IILLJ1079Raj; 1994(1)WLC545
..... of the firm from participating in the present proceedings before the orders passed by this court on april 26, 1988 in mohammed & sons v. authority under the payment of wages act (6) (d.b.civil writ petition no. 927/79), and even thereafter as has been noticed while detailing the facts hereinabove. this contention was also ..... proceeded gives an impression of plain and simple collusion between the father-in-law and son-in-law for obtaining the award from the authority under the payment of wages act against the firm.'6. meanwhile the claimant has filed 5 other claims for different periods before the authority on the same premise.7. inspite of ..... filed the suit for rendition of accounts, against other partners; the respondent no. 2 lodged a claim for recovery of alleged illegal deduction of his wages before the authority under payment of wages act, nagour on june 19, 1978, claiming himself to be continuing an employee of mohd & sons, under some alleged settlement having taken place between him .....
Tag this Judgment!Court : Rajasthan
Reported in : (1986)IILLJ496Raj
..... 1981 (43) 341.6. shri b.p. gupta, appearing on behalf of the bank submitted that the appellant himself raised a dispute before the authority appointed under the payment of wages act, jaipur and preferred to lead evidence to substantiate that he (appellant) attended the office both on 10th & 1 1th january, 1979 which fact was categorically denied by ..... avail to the appellants and does not apply in the facts and circumstances of the present case where the appellant himself has chosen to invoke the jurisdiction under the payment of wages act. then another case relied upon by the learned counsel for the appellant is t.s. kelwala and ors. v. bank of india and ors. (supra) wherein ..... right on the employer to deduct. the right to deduct must be found out from the contract or any other statutory provisions and reliance on the provisions of payment of wages act is ill-founded. with all respects we are unable to agree with the view taken in the aforesaid case. as we have already stated above the words .....
Tag this Judgment!Court : Rajasthan
Reported in : [1998(79)FLR852]; (1998)ILLJ948Raj; 1998(1)WLC681; 1997(2)WLN705
..... therefore, the learned counsel for the non-petitioner-workman has supported the legality and validity and so also the competence of the learned authority under the payment of wages act to have passed the impugned order and, consequently, its being affirmed by the appellate court and, therefore, the impugned orders are wholly legal and justified ..... by the paying authority within 30 days from the date of the order.7. however, the petitioners challenged this order of the learned authority under the payment of wages act before the learned district judge, sirohi, who, vide his impugned order dated april 18, 1996, while upholding the said order, dismissed the appeal giving ..... by the learned district judge, sirohi in civil appeal against decree no. 9/1994 whereby the order and direction passed by the learned authority under the payment of wages act, sirohi, in claim petition preferred by the non- petitioner no. 1 laxman das, workman, was affirmed resulting in dismissal of the appeal preferred by .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj11; [1965(10)FLR154]
..... , air 1958 sc 518 in which the question--whether 'bonus' payable under an award by an industrial tribunal could be said to be wages under section 2(vi) of the payment of wages act was considered. their lordships observed, as follows: --'now, we can understand a position where a statute declares that whenever the terms of ..... required to be paid by statute, over and above the wages stipulated by contract, fall within the definition of 'wages' in the payment of wages act.'it was held that the minimum wages fixed under the minimum wages act were recoverable by taking proceedings under section 15 of the payment of wages act. the case before the bombay high court was a ..... divisional magistrate decided this issue against the petitioner on 17th of february 1964 and held that the application was maintainable under section 15 of the payment of wages act. 3. in this writ petition, the petitioner challenges the aforesaid order passed by the learned sub divisional magistrate and contends that for the .....
Tag this Judgment!Court : Rajasthan
Reported in : (2000)IIILLJ1199Raj; 1998(1)WLN506
..... was pending against them and therefore the authority had no jurisdiction to entertain the matter. he submitted that in the proceedings under section 15 of the payment of wages act, 1936 (for short 'act of 1936') which are summary in nature, the authority could not go into the justification of not doing the job entrusted to the applicants as this ..... approach the proper forum.22. it has been held by this court in the case of abdul wahid v. authority (supra) that under the provisions of the payment of wages act, the authority has no jurisdiction to entertain any claim which raises complicated issues of law and facts. it is certainly a complicated question as to whether the ..... had been charge-sheeted for remaining absent from duty during the disputed period.16. the courts have held that though the jurisdiction of the authority under the payment of wages act is limited, yet it can decide questions incidental to the claim. the supreme court has held in the case of ambica mills (supra) that the authority .....
Tag this Judgment!Court : Rajasthan
Reported in : (1995)ILLJ978Raj
..... fast rule can be laid down for the purpose of declaring as to what question can be decided in industrial matters relating to illegal deductions and wages under payment of wages act, the view of the apex court is that complicated questions of fact and law upon the rights of the parties arising under various statutes, provisions ..... the employee's case is that claimant's services have been terminated but the employees denied, the question about subsistence of such termination, the authority under payment of wages act had no authority to decide. as has been noticed above, the specific case of the contesting respondent is that the services of claimant were terminated w. ..... in any manner in declining to entertain the claim of the petitioner.44. even apart from the fact that the questions raised before the authority under payment of wages act are complicated questions of fact and law, the question whether at all relationship of employer employee exists between the parties, in my opinion it cannot be .....
Tag this Judgment!