Assistant Labour Commissioner cum Author ity under the Payment of Wages Act v. Union of India reported in 1997 (1) GLT SC

Judgment

WP(C) 680/2005 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA This writ petition is directed against the order dated 25.11.2004 passed in Case No. PW-1 of 2002 (Old No. 1/95) by the Assistant Labour Commissioner cum Author ity under the Payment of Wages Act, 1936 directing payment of over time allowanc es to the claimant who is the respondent in this writ petition. From the materials on record, it appears that the claim for over time allowances was made by the respondent. Thereafter, before the authority under the Payment of Wages Act an objection was raised regarding maintainability of the proceeding under the Payment of Wages Act in view of ouster of jurisdiction by virtue of t he enactment of the Administrative Tribunal Act, 1985.

The issue having been ans wered against the petitioner they had preferred CRP No. 212/1996 and the same wa s allowed by order dated 19.2.1996 remanding the matter back to the authority un der the Payment of Wages Act for disposal of the matter in accordance with law. Upon a re-hearing of the matter, the authority by its order dated 18.12.1996 hel d that it did not have jurisdiction in view of the provisions of Administrative Tribunal Act, 1985. Against the said order the claimant had preferred a revision petition. By order dated 11.2.1999 this Court set aside the order of the Author ity dated 18.12.1996 with the direction to the claimant to move the matter befor e the prescribed authority for redressal or the learned Court below for appropri ate direction for putting up the matter before the prescribed authority.

Pursuant to the aforesaid development, the authority under the Payment of Wages Act having passed the impugned order dated 25.11.2004 directing payment of over time allowance and compensation totaling to Rs. 1,73,450/-, the petitioners have filed the instant writ petition. As pr the provision of the Administrative Tribunal Act, 1985, all the matters pe rtaining to service dispute in respect of the Central Government employees inclu ding the Railways are required to be adjudicated upon by the Central Administrat ive Tribunal. This aspect of the matter has been finally decided in L. Chandra K umar Vs. Union of India reported in 1997 (1) GLT SC 1. In view of the said decision, the authority under the Payment of Wages Act could not have assumed the jurisdiction in the matter and passed the impugned order d ated 25.11.2004.

Accordingly, the impugned order dated 25.11.2004 stands set asi de and quashed with the liberty to the claimant to approach the appropriate auth ority, if so advised.