Smt. Saroj Devi vs Baru Ram

V.K. Jhanji, J.—Respondent filed an application under the Payment of Wages Act, 1936 (hereinafter referred to as ''the Act'') claiming a sum of Rs. 35,700/- on the ground that he worked with the husband of the petitioner on daily wages in agricultural fields w e. f. 72.1985 to 7,12.1987, at the rate of Rs. 35/- per-day, and the wages for the said period were not given to him ; therefore, is entitled to a sum of Rs. 35,700/-.

In the written statement, the petitioner raised certain preliminary objections including the one that the Authority under the Act has no jurisdiction as the Act does not apply to an agricultural labourer working on daily wages in agricultural fields The Authority under the Act without determining as to whether the Act applies to the agricultural fields, allowed the claim of the respondent. In appeal, the appellate Authority upheld the finding of the Authority under the Act. These orders are being challenged by the petitioner in this revision petition.

After hearing the learned counsel for the petitioner at length, I am of the view that the orders of the Authorities below cannot be sustained in law.

The Authority under the Act had framed issue No. 3 to the following effect : -

"3. Whether this Court has got no jurisdiction to decide the claim ? OPR."

From the order dated 5.12 1989 of the Authority under the Act, find that while dealing with issue No. 3, no reasons whatsoever have been given by the Authority under the Act as to how the claim of the respondent was maintainable under the Act. The appellate Authority also did not go into this question which goes to the Very root of the case. Sub section (5) of Section 1 of the Act gives powers to the State Government to extend the provisions of the Act to any class of persons employed in any establishment or class of establishments as specified by the Central Government or State Government under sub clause (h) of Clause (ii) of Section 2. For the facility of reference, sub- section (5) of Section 1 of the Act is reproduced hereunder-

"(5) The State Government may, after giving three month''s notice of its intention of so doing, by notification in the Official Gazette, extend the provisions of this Act or any of them to the payment of wages to any class of persons employed in any establishment or class of establishments specified by the Central Government or a State Government under sub-clause (h) of clause (ii) of Section 2."

The State Government in exercise of powers conferred by sub- section (5) of Section 1 of the Act, issued a notification No. 7381-LP- 50/5048 dated 25th of September 1950, to the following effect : -

"In pursuance of the powers conferred by sub-section (5) of Section 1 of the Payment of Wages Act, 1936 (1V of 1936) the Governor of Punjab has been pleased to decide that with effect from 3 months after the date of publication of this notification, all the provisions of the said Act shall apply to the payment of wages to all classes of persons employed in the "industrial establishments" in Punjab, as defined in sub-clauses (a), (d), (e) and (f) of clause (ii) of Section 2 of the said Act."

A reading of the aforesaid notification shows that the pro- visions of the act apply to the payment of wages to all classes of persons employed under the industrial establishments, as defined in sub-clauses (a), (d), (e) and (f) of clause (ii) of Section 2 of the Act. Admittedly, the respondent is claiming that he worked with the husband of the petitioner as an agricultural labourer in agricultural fields belonging to the deceased-husband. However, the claim of the respondent does not fall in any of the categories to which the Act has been made applicable by the notification In view of this matter, the Authorities below have acted wholly illegally and without jurisdiction in determining the matter which was not covered under the provisions of the Act.

Consequently, the revision petition is allowed and the orders of the Authorities below are set aside. However, there shall be no order as to costs.