Judgment

VARADARAJAN, J.:- In this appeal by special leave the respondent Sunder Dass appears in person. The appeal by the Divisional Personnel Officer, Western Railway, Kota is against the judgment of Dwarkaprasad, J. of the Rajasthan High Court at Jaipur in Civil Revns. Nos. 63 and 158 of 1973. The learned Judge allowed Civil Revision No. 63 of 1973 filed by Sunder Dass and dismissed Civil Revn. No. 158 of 1973 filed by the Divisional Personnel Officer with costs in both.

2. The two revision petitions were filed against the order dated 18-9-1972 passed by the learned District Judge, Kota under the Payment of Wages Act (hereinafter referred to as "the Act"). The respondent filed petitions under S. 15 (2) of the Act before the authority under the Act, the Special Judicial (Railways) Magistrate, Kota who held by his order dated 30-10-1967 that the respondent is entitled to get his salary for the period from 17-2-1949 to 14-5-1949 after adjustment of any amount which might have been paid to him for that period. Both parties filed appeals against that order before the District Judge, Kota who by order dated 18-9-1972 held that the respondent should have been paid wages for the period of