NEW PRAJAPAT TILES CO Vs. DERASARI LABHSHANKER HIMATLAL

JUDGEMENT

(1.) This revision application is by the original defendants. The opponent had filed a suit in the Court of the Civil Judge Junior Division Morvi alleging that he was an employee of the applications that there was a contract of employment between him and the applicants to employ him for two years and his employment had been terminated after about one month and therefore he was entitled to Rs. 2150.00. According to the plaintiff he was entitled to this sum by way of damages for breach of contract and also because his employment was terminated without hearing him and without notice to him. He also claimed Rs. 150/by way of leave salary to which he was entitled if he had served the applicants for two years.

(2.) A preliminary issue was raised as to whether the civil Court had jurisdiction to try such a suit and this issue was decided in the affirmative. Hence this revision application. It is contended in revision that such a suit should go to the authority under the Payment of Wages Act and it is not triable by a civil Court.

(3.) In answer to this contention it is contended by the learned counsel for the opponent that this is a case in which the defendants have disputed the fact that the plaintiff is an employee of the defendants and that the Payment of Wages Act is not concerned with cases where there is a dispute regarding the employment. Reliance is placed on (1) Anthony S. Almeda v. R. M. Taylor A. I. R. 1956 Bombay 737 (2) Narayanswami v. Vasudeva A. I. R. 1958 Madras 360 (3) Viswanath Tukaram v. G. M. Central Rly. A.I.R. 1958 Bombay 111 and (4) A. R.. Sarin v. B. C. PatilA. I. R. 1951 Bombay 423.