Naterpal Singh and Others vs District and Sessions Judge, Sri Ganganagar and Others

Prakash Tatia, J.—Heard learned Counsel for the parties.

The Authority under the Payment of Wages Act by order dt. 09.06.2000 allowed the claim of the applicants-petitioners holding that the applicants-petitioners worked for respondent-non-applicant and the applicants were agricultural labourer. The Authority under the Payment of Wages Act held that the applicants-petitioners are entitled wages as well as the penalty. The workmen Netrapal, Parikshit and Smt. Shakuntala were held entitled to wages 17,000/-, 24,000/- and 19,200/- respectively with penalty of Rs. 1,000/- each.

Being aggrieved against the said order passed by the Authority under the Payment of Wages Act dt. 09.09.2000, the respondent preferred appeal, which was decided by the learned District Judge, Sri Ganganagar vide order dt. 21.04.2004. The appeal was allowed only on the ground that since the claimants were agricultural labourer, therefore, they were not covered under the provisions of the Payment of Wages Act and, therefore, the Authority under the Payment of Wages Act has no jurisdiction to entertain the claim of the applicants. Being aggrieved against the said order of the appellate Court dt. 21.04.2004, the petitioners have approached this Court.

Learned Counsel for the petitioner submitted that the appellate Court has committed grave error of law by holding that the persons employed in the agricultural operation are not covered under the provisions of the Payment of Wages Act, 1936. Learned Counsel for the petitioners drawn my attention to the Annex. 3 - the notification issued by the Government dt. 20.01.1967 whereby the employment in agricultural category has been included to be governed by the Payment of Wages Act, 1936.

Learned Counsel for the respondent submitted that the notification dt. 20.01.1967 governs only those employees who are engaged and employed in the agricultural department, may it be of the State Government or Central Government because of the reason that these departments are considered to be industry and private individual employment may it be as agriculturist is not covered by the notification dt. 20.01.1967.

I considered the submissions of learned Counsel for the parties and perused the notification dt. 20.01.1967. The notification dt. 20.01.1967 clearly provides that the provisions of the Payment of Wages Act, 1936 shall apply to the wages payable to employees of the "Employment in Agriculture" . The employment in agricultural cannot be interpreted to narrow down to mean that it applies to employment in agricultural department.

In view of the above, the writ petition of the petitioners is allowed. The order passed by the appellate authority dt. 21.04.2004 is set aside. The order passed by the Authority under the Payment of Wages Act dt. 09.06.2000 is restored.