BOMBAY GAS COMPANY LIMITED Vs. SHRIDHAR BHAU PARAB

JUDGEMENT

(1.) The main question raised in this appeal by special leave is about the jurisdiction of the Authority appointed under the Payment of Wages Act, No. IV of 1936. The brief facts necessary for the purpose are these. The appellant is The Bombay Gas Company Limited (hereinafter called the Company). The respondent belongs to the class of meter readers and their assistants working under the company. It appears that there was a dispute between the appellant and its workmen which was referred to the industrial tribunal, Bombay in 1952. There were a number of demands in the schedule to the reference, but we are concerned only with one, namely, demand No. 4, which was in these terms:

(2.) It appears that after this award, applications were made by these workmen individually before the Authority under the Payment of Wages Act under S. 15(2) of that Act. The present appeal is from the decision of one such application which has been treated as a test case.

(3.) The case of the respondent was that his wages for work done on Sundays or weekly off days had not been paid by the Company at double the ordinary rate of wages inclusive of dearness allowance. Consequently the respondent prayed for the issue of a direction for payment of his wages illegally deducted and for compensation. The application was based on the respondent's claim that he was entitled to double the ordinary wages under S. 59 of the Factories Act, which governed him.