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1968 Supreme(All) 153

B.N.LOKUR, B.DAYAL
RAM KISHORE SHARMA – Appellant
Versus
ADDITIONAL DISTRICT JUDGE – Respondent


B. N. LOKUR, J.

( 1 ) THE petitioner, who was a train clerk in the Northern Railway, was placed under suspension on 22 October 1955, and was later removed from service by an order dated 29 December 1955. Ho filed an appeal against his order of removal, which was not disposed of for some time. Thereupon, he filed a writ petition in the Punjab High Court on 10 April 1957, seeking to quash the order of his removal. On 28 November 1959, the Punjab High Court declared the order of removal of the petitioner from service as void, illegal and inoperative. As the petitioner was not given the arrears of his salary for the period between 22 October 1955 and 1 April 1960, on which date he joined the service on formal reinstatement, he moved the Payment of Wages Authority under Section 15 (2) of the Payment of Wages Act for a direction, commanding the Divisional Superintendent, Northern Railway, to pay to the petitioner an amount of Rs. 9. 179 towards the wages withheld for the aforesaid period and an amount of Rs. 91,790 by way of compensation for the deducted wages. The application was resisted by the Divisional Superintendent, Northern Railway, on various grounds. It was contended, inter ali













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