DILBAGH RAI JARRY versus UNION OF INDIA AND OTHERS

DILBAGH RAI JARRY versus UNION OF INDIA AND OTHERS

The period of limitation for an application under s. 15(2) of the Payment of Wages Act, 1936 starts from the date of actual deduction of wages, not from the date of dismissal or the due date of wages, where the deduction and nonpayment do not coincide. Since the application was made within six months of deduction, it was within time. Running allowance was not part of substantive wages for the entire period of inactive service as it is only due when duty involving running is performed or when leave does not exceed one month.

Parties
Appellant: Dilbagh Raj Jarry; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
05 November 1973
Procedural Posture
Civil Appeal / Final Judgment on Appeal by Special Leave Against the Order of the Allahabad High Court
Outcome
Appeal allowed
Legal Topics
Limitation Under Payment of Wages Act, Payment of Wages Act, 1936, Deduction From Wages, Running Allowance as Wages
Labour Law Limitation Under Payment of Wages Act Payment of Wages Act, 1936 Deduction From Wages Running Allowance as Wages

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Parties

Dilbagh Raj Jarry

Appellant

Union of India and Others

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal by Special Leave Against the Order of the Allahabad High Court

Legal Issues

  1. 1 Whether the claim application under s. 15(2) of the Payment of Wages Act, 1936 was time-barred.
  2. 2 Whether the appellant was entitled to running allowance as part of his wages for the period of his dismissal.

Ratio Decidendi

The period of limitation for an application under s. 15(2) of the Payment of Wages Act, 1936 starts from the date of actual deduction of wages, not from the date of dismissal or the due date of wages, where the deduction and nonpayment do not coincide. Since the application was made within six months of deduction, it was within time. Running allowance was not part of substantive wages for the entire period of inactive service as it is only due when duty involving running is performed or when leave does not exceed one month.

Court Disposition

Appeal allowed

Orders

  • Order of the Appellate Authority set aside and order of the Prescribed Authority restored.
  • Appellant to have costs throughout.