KANTILAL R SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these revision petitions are filed by Kanti Cotton Mills Private ltd. Surendranagar and its Managing Director and Manager. Civil Revision Application No. 2037 of 1971 is filed by three while Civil Revision Application No. 2038 of 1981 is filed by Kanti Cotton Mills Private Ltd. Surendranagar alone. They arise due to different applications under the Payment of Wages Act 1936 (hereinafter referred to as the Wages Act). Application filed by Rashtriya Mill Majoor Sangh Surendranagar impleaded Kanti-Cotton Mills Pvt. Ltd. Surendranagar (hereinafter referred to as the Mill-Company) only as the opponent while Shri R.I. Shah Inspector under the Wages Act Surendranagar filed the application for payment of wages against all the three i. e. the Managing Director and Director of the Mill Company and the Mill Company.

(2.) These applications were filed as admitted by the parties round about 10-6-1981. It is also an undisputed fact that Government of Gujarat in Labour and Employment Department issued two notifications under the Bombay Relief Undertakings (Special Provisions) Act 1958 (hereinafter referred to as the Act) on 13-10-1981. The first Notification is No. KH-1-635-BRU-1081/30804-T. It was issued in exercise of the powers conferred by sec. 3 of the Act declaring the Mill-Company to be a relief undertaking for the purpose of the Act. By another Notification No KH-1-636-BRU-1081/30804-T provisions of sec. 4 (1) (a) (iv) of the Act were made applicable in relation to the Mill-company. Therefore before the Payment of Wages Authority at Surendranagar who happened to be the Civil Judge Senior Division applications were given in both the matters which were No. - PWA/2 to 11/1981 filed by Rashtriya Mill Majoor Sangh. Surendranagar and No. PWA/1/81 and 12/81 filed by the State of Gujarat through Inspector for Payment of Wages.

(3.) Applications were given at Ex. 13 by the Advocate of the petitioners that as two Notifications were issued by Government declaring the mill-company as Relief Undertaking under the Act and have further suspended all the proceedings with effect from 13-10-1981 against the mill company the Court was requested to stay the proceedings in all the above matters till further orders of Government. These applications were rejected by the learned Authority by the order dated 22-10-1981 holding that so far as Schedule to the Act is concerned it did not provide for staying or suspending of the provisions of the Wages Act. Being aggrieved by the said order the present petitioners (original opponents) have approached this Court by way of these two revision petitions.