CHACKO Vs. VARKEY

JUDGEMENT

(1.) Mr. K.V. Kuriakose, learned counsel for the writ petitioner, attacks the order of the authority appointed under the Minimum Wages Act in M.W.C. 1/59 dated 31st October 1960.

(2.) The respondent filed an application on 26-3-59 claiming overtime wages for the period from 1-10-58 to 29-1-59.

(3.) The claim of the worker was resisted by the petitioner employer on several grounds namely, on fact and also on law. The legal contention that was raised was to the effect that the workman has been dismissed from service by the employer on 31-1-59 and inasmuch as the application before the Minimum Wages Authority was filed only on 26-3-59, the application is not maintainable as he has ceased to be an employee of the petitioner. The other ground of attack was purely on facts namely, that the workman concerned was not given any overtime work in order to make him eligible to claim overtime wages as made in the application, and there was also a contention raised that the burden of proving the claim in these proceedings was entirely on the workman concerned.