BISHAMBHAR DAYAL, J. :- This is a plaintiff's second appeal. The plaintiff was employed by the Western Railway and he was dismissed by an order dated 2-5-1949, but he was reinstated on 18-4-1950. He was again dismissed on 19-8-1950 and was again reinstated on 3-2-1951. For both these periods the plaintiff was not paid his salary as this period was treated 'dias non.' The plaintiff, therefore, filed the present suit in the civil court for the recovery of the salary. The suit was decreed by the court below but has been dismissed by the lower appellate court as barred under section 22 of the Payment of Wages Act. This second appeal was, therefore, filed by the plaintiff and it was heard by a learned single Judge of this Court who has referred following question for our consideration.

"Whether the suit was barred by the provisions of sections 15 and 22 of the Payment of Wages Act?"

2. Section 15 (1) of the said Act provides for appointment of a Commissioner etc. as the authority for deciding such cases. Sub-section (2) of section 15 of the Payment of Wages Act is relevant and is as follows :

"Where contrary to the provisions of this Act any deduction has been made from the wages