LAWS(KAR)-1968-4-7

SREEKANTAYYA L Vs. PUTTASWAMI M

Decided On April 05, 1968
SREEKANTAYYA (L.) Appellant
V/S
PUTTASWAMI(M.) Respondents

JUDGEMENT

(1.) Respondent 1 was an employee under the petitioner, and when he was removed from service for misconduct, he preferred an appeal to the labour officer under S. 41(2) of the Mysore Shops and Establishments Act, 1948. In that appeal, the labour officer directed the petitioner to pay a sum of Rs. 200 as compensation to respondent 1. When that amount was not paid respondent 1 made an application under S. 15(3) of the Payment of Wages Act to the city magistrate. Mysore, for an order for the payment. That order which was made by the magistrate was however quashed by this Court in Srikantayya (L.) (Proprietor of S.E.L. Dry Cleaners) V. Puttaswami (M.) and another [1966 - II L.L.J. 487] on the ground that it was beyond the competence of the magistrate.

(2.) But by then the petitioner had paid the amount to respondent 1, and so, he made an application to the magistrate for restitution.

(3.) The magistrate declined restitution on the ground that he had no jurisdiction to order it. So, the petitioner asks us to quash that order made by the magistrate and to direct restitution.