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1971 Supreme(All) 474

K. N. SINGH
Divisonal Accounts Officer – Appellant
Versus
Dal Singar – Respondent


Advocates appeared:
D. Sanyal, Advocate, for the Petitioners; S.C, for the Opposite-Parties

JUDGMENT

K.N. Singh, J. - This is a petition under Article 226 of the Constitution for quashing the order of the Authority under the Payment of Wages Act dated 20th January, 1969 and the order of the Additional District Judge, Varanasi dated 31st October, 1969 dismissing the petitioner's appeal and upholding order of the Authority.

2. Dal Singar, opposite party No. 1 was in the employment of the Eastern Railway. He was posted as Fitter Khalasi in the Loco Shed at Mogulsarai. On 22nd July, 1965 he worked till 16 hours and as the day following was his rest day, he reported for duty on 24th July, 1965, but the I. F. I., who was the immediate superior officer of opposite party No. 1, did not allow him to resume his duties. He was asked to explain as to why he had not reported for duty on 23rd July, 1965. He explained that since 23rd July was his rest day he did not report for duty. No proceedings were taken, no punishment was awarded, nor he was suspended, instead he was not allowed to work. He filed an application under Sec. 15 of the Payment of Wages Act before the Authority under the Payment of Wages Act (hereinafter referred to as the Authority), for the payment of his salary for th

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