DAMODARAN P Vs. M K KRISHNAN KUTTY

JUDGEMENT

(1.) The revision petitioner herein was an employee of the respondent. His monthly wages was Rs. 850/-. There was arrears of wages to the tune of Rs. 28,900/- for the period from 1.10.1980 to 31.7.1983. He filed a claim petition under Section 15 of the Payment of Wages Act before the Labour Court, Kozhikode. Claim petition was allowed by order dated 20.12.1984. Respondent employer questioned the above order. The main contention was that since the petitioner was employed in a managerial capacity, he is not entitled to claim under the Payment of Wages Act. There is no jurisdiction for the payment of wages authority to award any amount. Payment of wages authority rejected the above contention. In appeal, District Court was of the view that petitioner is not a 'workman' and, therefore, he is not entitled to claim under the Payment of Wages Act, 1936 (in short "the Act'). Against the above order, this revision petition is filed. During the pendency of the revision petition, the petitioner died and his legal representatives were impleaded. The only question to be considered is whether the jurisdiction of the payment of wages authority is excluded because employee is working in a managerial capacity (if that allegation is correct). It is not disputed that establishment of the, respondent is covered under the Payment of Wages Act.

(2.) Section 2(vi) defines 'wages' so as to means all remuneration expressed in terms of money or capable of being so expressed which would, if the terms of employment were justified, be payable to a person employed in respect of his employment. Only an inclusive definition is given for the term 'employed person' under Section 2(i) of the Act. Section 2(i) is as follows: