H WATTS Vs. B N RAI

JUDGEMENT

(1.) These are two connected petitions under Article 226 of the Constitution praying for the quashing of two different orders passed by the City Magistrate of Kanpur acting as the authority under Section 15(1) of the Payment of Wages Act (No. 4 of 1936). As the same questions of law arise in both these cases and the facts are very largely similar, they are being disposed of by a single judgment. The impugned orders were passed under Section 15(3) of the Payment of Wages Act directing the petitioner to pay a certain sum of money alleged to be due to some workmen in each case. In petition No. 488 of 1959 the amount directed to be paid is Rs. 35681-19 N. P. and in petition No. 489 of 1959 Rs. 2,27,271.95 N. P. The petition in each case is supported by an affidavit containing allegations which are more or less identical. The petitioner's case as contained in these affidavits is this:

(2.) Mr. H. Watts (the petitioner) is the Manager of the Muir Mills Company Limited, Kanpur which carries on the business of the manufacture and sale of cotton textiles. It is alleged that, as a result of previous mismanagement, the High Court had to interfere and suspend, by its order dated 27th October, 1957, the then Managing Agents -- a private company known as the Indian Textile Syndicate Limited -- and vested the powers of the management in another concern known as J. K. Commercial Corporation Ltd., Kanpur. On 12-10-1957 an application under Sections 15 and 16 of the Payment of Wages Act, 1936 was filed by the Inspector of Factories, Kanpur Region, before Mr. J.O.G. Russell Additional City Magistrate (1), Kanpur praying for a direction for the payment of wages due to the workmen of the company during a specified period. In petition No. 488 of 1959 the amount payable was Rs. 35,681. 19 N. P. alleged to be due to 59 workers and 102 employees of the Watch and Ward and the Conservancy Department as wages for the period 1-10-57 to 31-10-57. In the other petition No. 489 of 59 the amount is Rupees 2,47,232.95 N. P. alleged to be due to about 5000 workers as wages for the period 16th to 30th September 1957. According to the petitioners, the applications were received by the aforesaid Mr. J. O. G. Russell and registered by him. The petitioner Mr. Watts was impleaded as the respondent in both the applications in his capacity as Manager of the concern in accordance with Section 3 of the Act. Nothing material was done for some time, but on 20th February 1958 a written statement was filed by the petitioner. On 24-3-1958 Mr. J.O.G. Russell transferred the case to the City Magistrate, Mr. B.N. Rai, and the proceedings then continued before him. The order-sheet in the Court of the City Magistrate shows that, after the transfer of both these cases to his file, they were called up and heard together on the same dates. Prior to the transfer, each case was listed before the Additional City Magistrate on different dates, though nothing material was done; but it is important to note that a written statement on be-half of the petitioner was filed in each case while it was still on the file of the Additional City Magistrate. In the case under petition No. 488 of 1959 the written statement was filed on 12-3-1958 whereas in the other case under petition No. 489 of 1959 the written statement of the petitioner was filed on 18th December 1957. In each case the -Additional City Magistrate passed an order directing the written statement to be admitted, and this is the only order of any significance passed by him in either case. On all the other dates prior to the transfer, the cases were listed before the Additional City Magistrate but practically nothing was done.

(3.) It is also important to note that each case was transferred by the Additional City Magistrate to the City Magistrate by virtue of an administrative order passed by the Additional District Magistrate. This is clear from the entry in the order-sheet dated 26th March 1958 which runs thus. "Transferred to the Court of City Magistrate vide A. D. M. (C's) order dated 20-3-1958."