[2025:RJ-JP:51982]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 328/2016 State Of Rajasthan Through Deputy Conservator Of Forest Cum Deputy Director, Core Area, Tiger Proje, Ranthambore, Sawaimadhopur ----Petitioner Versus Hazari S/o Ram Narayan Gurjar, Village Indola, Post Chan, Tehsil Khandar, District Sawaimadhopur.

----Respondent For Petitioner(s) : Mr. Aditya Singh, Dy. GC For Respondent(s) : None HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

26/11/2025

1. This civil misc. writ petition has been filed against the order dated 29.09.2015 passed by the learned District Judge, Sawai Madhopur in Appeal No. 27/2014 whereby the learned Court dismissed the appeal of the petitioner and upheld the order dated 31.07.2014 passed by the learned Authority, Payment and Wages Act, 1936 (hereinafter, ‘Authority’) whereby the claim of the respondent was allowed and the petitioner was directed to pay the sum of Rs. 4,57,600/-.

2. The brief facts arising out of the petition are that the respondent, Hazari, was employed on daily wages by the petitioner State in January 1990. The respondent was terminated by the petitioner on 25.02.1992. Pursuant to this, the respondent filed an application before the learned Labour Court, Bharatpur. The same was allowed on 06.06.2000 wherein the learned Labour Court ordered for reinstatement of respondent and directed the petitioner to give back wages to him.

3. The petitioner State preferred a writ petition against the order dated 06.06.2000 before this Court in which the stay application was decided on 27.05.2003 whereby the reinstatement order was stayed and the petitioner was directed to comply with the provisions of Section 17-B of the Industrial Dispute Act, 1947.

4. The learned counsel for the petitioner submits that the employee was regularly paid the wages to the tune of Rs. 572/- per month till June 2009. He submits that on 01.02.2011, taking his wages to be Rs. 2600/- per month, the respondent claimed Rs. 41,600/- for the period of 01.08.2009 to 30.11.2010 i.e. for 16 months before the learned Authority. A reply to the statement of claim was filed by the petitioner State claiming that since the last drawn salary was Rs. 22/- per day, the wages should have been Rs. 572/- per month and that a person cannot claim for more than

12 months at a time.

The learned Authority decided the claim on 31.07.2014 whereby the respondent’s claim of Rs. 41,600/- was allowed and a compensation of Rs. 4,57,600/- was given.

5. The learned counsel for the petitioner State submits that the learned Authority pronounced the order on 31.07.2014, and on the very next day, the petitioner applied for the certified copy of the order but the same was received on 14.08.2014 after a letter was written to the Court. After taking the necessary approvals, the petitioner State filed an appeal under Section 17 of the Payment and Wages Act, 1936 before the learned District Judge on 15.09.2014 as 14.09.2014 was Sunday and an amount of Rs.

4,48,448/- was deposited before the learned Authority on

25.03.2015.

6. On 18.11.2014, this Court allowed the writ petition filed by the petitioner State against the order dated 06.06.2000 and set aside the order of reinstatement and back wages and awarded a sum of Rs. 1 Lakh of compensation along with interest of 6% from the date of award. The learned District Judge after hearing the appeal on 29.09.2015, dismissed the same on the grounds of limitation and payment of amount. Aggrieved by the order dated

29.09.2015, the petitioner filed the present writ petition.

7. Considered the submissions made at bar and also perused the material made available on record.

8. In view of the submissions made by learned counsel for the petitioners and the facts on record, the Court needs to assess whether the impugned award passed by the learned District Judge calls for any interference when the condition precedent for filing the appeal under Section 17(1A) of the Payment of wages Act, 1936 has not