MODERN MILLS LTD Vs. V R MANGALVEDHEKAR

JUDGEMENT

(1.) THIS is an appeal from an order of Coyajee J. , by which he dismissed the petition presented by the Modern Mills. Ltd. , for a writ of certiorari against the authority appointed under the Payment of Wages Act, 1936. It would appear that an award was made by the Industrial Court under the Bombay Industrial Relations Act, 1946, on 20th March 1948, in respect of certain disputes between the textile mills and their employees, and condition 6 of this award provided :

(2.) NOW, the contention of Mr. Rege is that it was not open to the authority under the Payment of Wages Act to construe the award made by the Industrial Court. According to him it is only the Labour Court set up under the Bombay Industrial Relations Act which is entitled to construe the award, and in construing the award the authority has acted beyond his jurisdiction.

(3.) NOW, in order to understand this contention we must look at the scheme of the Payment of Wages Act, IV [4] of 1936. Section 15 of the Act confers jurisdiction upon the authority that is to be appointed under sub-s. (1) of that section, and sub-s. (2) provides :