V K GOVINDASWAMY Vs. N NANJAPPA

JUDGEMENT

(1.) The short question that arises for consideration in this revision petition is whether under S.15 of the Payment of Wages Act, 1936, when the relationship existing between the parties is disputed, the payment of wages authority has jurisdiction to go into that question. It arises in this way : The respondent in this revision petition filed C.Mis.14 of 1969 under S.15 of the Payment of Wages Act, 1936 (hereinafter called the Act) claiming a sum of Rs.385 together with compensation of Rs.100 from the petititioner in this revision petition. His case was that he was an employee under the petitioner, that he was being paid daily wages at Rs.7 per day, that the petitioner-employer had failed to pay his wages from 1st January 1968 upto 26th July 1968 and in spite of his efforts that amount was not paid; so the proceedings were initiated before the Court of the Additional First Class Magistrate, Bangalore, claiming the said relief.

(2.) The petitioner in this revision petition denied that the respondent was his employee and that he was paying daily wages to him. The learned Additional First Class Magistrate, Bangalore City, who heard the said petition, by his order dt.30h June 1969 held that the very basis of the claim being disputed, the authority had no jurisdiction to decide the dispute and accordingly dismissed the petition.

(3.) The correctness of this order was challenged in an appeal files under S.17(1) of the Act before the Second Additional District Judge Bangalore and the learned District Judge held that the authority had jurisdiction to decide as to whether the respondent was or was not an employees of the petitioner and accordingly set aside the order of the trial Court and remitted the case back to the Additional First Class Magistrate, Bangalore City, for disposal of the same in accordance with law.