Authority under Payment of Wages Act is not empowered to review its decision

Shiv Shankar Lal Tiwari

Vs

Authority of Payment of Wages Act, Kanpur and another

Facts of the Case:
The petitioner workman filed claim application before the Prescribed authority appointed under the Payment of Wages Act, 1936 under the section 15 of the Act for a direction for payment of his difference of wages. He also claimed the compensation amounting to Rs. 22,256.50.

The claim of the workman is that his wage had not been paid for the period 1.7.1979 to 1.9.1983 which was later on amended in respect of change of period of claim from 1.7.1979 to 11.19.1980.

The claim application of the workman was allowed by the prescribed authority.

The prescribed authority held that non-payment of wages as well as wages for the remaining period would amounts to deduction in wages. It was further held that the workman was entitled for the amount in respect of revised pay scale. 

The employer did not file any appeal against the order passed by prescribed authority.
They filed a review application/recall for setting aside the order passed by the Prescribed Authority.

The Prescribed Authority has reviewed its earlier order and lessened the amount which is to be paid to workman passed by it in earlier order.

The workman filed the writ petition against this review order in High Court.

Decision:
The Hon’ble High Court allowed the writ petition and quashed the impugned review order passed by the prescribed authority. It was held that the order passed by the Prescribed Authority was beyond its jurisdiction and it has no power to review its decision.

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