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2009 Supreme(All) 1341

TARUN AGARWALA
KSHETRIYA SRI GANDHI ASHRAM,GOLGHAR, GORAKHPUR – Appellant
Versus
Dy. LABOUR COMMISSIONER/PRESCRIBED AUTHORITY UNDER PAYMENT OF WAGES ACT – Respondent


Advocates:
Counsel :
Rajendra Kumar Srivastava and Dr. Y.K. Srivastava for the Petitioner; Sudhanshu Narain, S.C. for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—The respondent workman filed a claim application under Section 15 of the Payment of Wages Act alleging that subsistence allowance was not being paid by the employer during the pendency of the disciplinary proceedings. The petitioner filed their written statement and contended that the claim application was not maintainable, and that, no application under Section 15 could be filed by the workman, inasmuch as the subsistence allowance was not a wage nor does it come within the meaning of Section 2 (vi) of the Payment of Wages Act. The petitioner submitted that since subsistence allowance was not a wage, there was no deduction of wages, and consequently, the application under Section 16 of the Payment of Wages Act was not maintainable. A preliminary issue was framed, namely, whether subsistence allowance was part of wages or not? The Prescribed Authority, after considering the matter, held that the subsistence allowance was part of wages, and that, non-payment of the subsistence allowance amounted to a wrongful deduction, and therefore, the application, at the instance of the workman, was maintainable. The petitioner, being aggrieved by the said orde





























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