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Case No. 13 of 1979, decided on 14th May, 1979,

Payment of Wages Act (IV of 1936)--

---Ss. 15 & 17-Railway employee seeking redress against non payment of wages-Claim not refuted but stated that payment of bill would be subject to verification of Account Officer-Authority accepting petition and allowing five times compensation-Case, on appeal, held, that of delayed payment hence penalty of Rs. 10 only imposed upon respondent instead of five times compensation.

Haroon Khan filed a petition against the Divisional Superintendent, Pakistan Railways on 28th January, 1979 before the Authority under the Payment of Wages Act, Pershawar wherein it has been prayed that a sum of Rs. 1,289.90 on account of wages, of the petitioner for the period commencing from 12th May, 1972 to 25th July, 1972 and from 6th June, 1973 to 2nd July, 1973 has not been paid to him and that the supplementary bill vide Voucher No. 123-RWP., dated 7th September, 1973 was prepared for payment to the petitioner but was not paid. On a representation vide letter No. 940-E/10/Bills Engg. dated 16th August, 1.978 it has been mentioned that as regard payment of the supplementary bill for Rs 1,289.90 the matter has been referred to A. N. E., R. W. P. vide office letter of even number dated 6th August, 1978 for arranging payment if due. Reply to this petition was filed by the respondent in which the respondent has admitted the claim of the petitioner and has averred that the amount to be paid subject to verification from the account office. This means that it is a case of purely delayed wages and the respondent have not contested the claim of the petitioner. However the authority has allowed 5 times compensation vide his order dated 18th March, 1979. Aggrieved by this order the present appeal has been preferred and the only point that has been urged at the bar is that under the Payment of Wages Act in matters of delayed wages maximum penalty of Rs. 10 could have been imposed and five times compensation could not have been allowed. From the record it, is clear that this is in fact a case of delayed wages and not the case of denial or deduction of wages. Hence I maintain the order of the authority with the modification that instead of payment of compensation as five times of the amount I allowed the respondent the payment of Rs. 10 as penalty to the appellant for delay in payment of dues amount of Rs. 1,289.90 alongwith the amount due.

Appeal dismissed

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