Law:

Section:

(a) Payment of Wages Act (IV of 1936), S. 2 (vi)-"Wages-"­Does not necessarily mean "earned wages"-Employee ready and willing to render service but employer not giving employee opportunity to render such service (employee suspended during inquiry under charge-sheet but re-instated by decree of Court)-Entitled to wages for period of suspension-Railway Administration not electing to make any order in one of the modes of R. 2044, Pakistan Railway Establishment Code, Vol. II-Employee entitled to full wages­[Arvind Mills Limited v. K. R. Gadgil A I R 1941 Born. 26 considered.] (b) Payment of Wages Act (IV of 1936)---Purpose-To compel employers to make prompt and full payment of wages to certain class of workers. (c) Practice---Point not taken in written statement or before Authority under Payment of Wages Act (IV of 1936)-Not allowed to be taken in Revision before High Court "in absence of proper materials." (d) Payment of Wages Act (IV of 1936), S. 15(2) provisos 1, 2-Limitation for application for payment of wageslllegal removal from service-Time taken in getting removal declared illegal by Civil Court and securing order for re-instate­ment-Sufficient reason for condonation of delay. JUDGMENT FAZLE-AKBAR, J.-The main question raised in this appeal by special leave is: Whether a Railway employee who was illegally removed from service and who obtained a declaration concerning his illegal removal from a competent Court could claim wages for the period he was kept out of employment by the employer's illegal order by a petition to the Authority mentioned in the Payment of Wages Act, 1936. This question arises in this way. The respondent Muhammad Sharif was working as a Booking Clerk in the North Western Railway at Gujrat. A charge was framed against him on account of certain irregularities and eventually he was discharged from service with effect from 30th June 1953. In a suit filed by him he obtained a declaration from a competent Civil Court, on the 9th June 1955, that his removal from service was illegal and that he continued to be an employee of the Railway Administration. The Railway Administration did not file any appeal against the said judgment and decree of…

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