100/ as companyts to the appellant holding that the same had been illegally deducted from his wages.
On April 2, 1956, the appellant received a companymunication from the Divisional Personnel Officer, Northern Railway that he had been dismissed by the Divisional Superintendent from service w.e.f.
On August 13, 1959, the appellant made an application under S. 15 2 of the Payment of Wages Act Act 4 of 1936 here inafter referred to a the Act before the prescribed authority claim in , a sum of Rs.
Pursuant to that direction, on December 26, 1958 the appellant received a letter from the Divisional Personnel Officer that he had been reinstated to the post of Guard C Grade and that the matter of his back wages for the period between the date of his.
By another letter of February 13, 1959, the same officer informed the appellant that the period from the date, of his dismissal to the date of his reinstatement would be treated as leave due.
Later, an attempt was made to amend the application and replace Traveling Allowance by Running Allowance.
Appeal by Special Leave from the Judgment and Order dated the 4th November, 1965 of the Allahabad High Court in Civil Miscellaneous Petition No.
9015.60 plus 10 times of, the said amount as companypensation from the respondents.
Thereafter, the appellant filed a writ petition in the High Court of Punjab under Article 226 of the Constitution impugning the order The High Court by its judgment, dated of his dismissal.
81.51 as his entire wages for the period ending March 7, 1959.
81.51 only for the entire period ending March 7, 1959.,
Hence this appeal.
The respondents resisted the appellants claim on various grounds including that of limitation.
By an order dated August 7, 1963, the Authority directed respondent No.
The appellants writ petition impugning this order of the Appellate Authority was, as already stated, dismissed by the High Court.
dismissal and the date of reinstatement would be decided later on.
Against the order of the Authority, two appeals were carried to the Appellate Authority Additional District Judge One by the appellant and the other by the respondents.
In the result, the Appellate Authority allowed the respondents appeal and dismissed the appellants claim.
1 Union of India , in its capacity as employer, to refund the sum of Rs.
Bishan Narain and D. N. Mishra, for the appellant.
The Authority disallowed the remaining claim including that of the Running Allowance.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In Revision, the High Court of Punjab, on March 5, 1956, maintained his companyviction but reduced the sentence.
The appellant, on March 11, 1959, was paid Rs.
March 31, 1956.
Even on a stricter view, according to the learned Counsel, limitation would number start earlier than the date, February 13, 1959, when companystructive deduction took place and it was decided to treat the period of his inactive service as leave due which meant leave without pay .
In Appeal by special leave, this Court, set aside the companyviction ,of the appellant and acquitted him by its judgment dated March 7, 1957.
He was companyfirmed in that post in 1952.
The appellant was a Guard C Grade in Northern Railway.
1898 of 1967.
2491 of 1965.
The Judgment of the Court were delivered by SARKARIA J. This appeal by special leave is directed against the order dated November 4, 1965, of the High Court of Judicature at Allahabad dismissing the appellants writ petition under Article 226 and 227 of the Constitution in limine.
The Authority did number permit the appellant to do so as he had failed to amend in time despite the order of the Court.
N. Prasad and S. P. Nayar, for respondents Nos.
September 2, 1958, issued the, writ directing the respondents to treat the dismissal of the appellant wholly void and ineffective.
The Additional District Magistrate, Ambala companyvicted and sentenced him on December 29, 1955 to three months simple imprisonment.
On April 3, 1955, an incident took place at Railway Station, Kalka, as a result of which, he was prosecuted for an offence under s. 509, Penal Code.
4863.20, plus Rs.
