BHAGWAT RAI Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) THIS is an appeal for revision under Section 25 Small Cause Courts Act by Bhagwat Rai who had filed Civil Suit No. 83 of 1950 in the Court of Sri S. L. Sarma, First Civil Judge, (Class II), Bilaspur, empowered under Section 18 C. P. Courts Act.

(2.) BHAGWAT Rai worked as a fitter-coolie under the Inspector of Works, Bengal-Nagpur Railway, Bilaspur, His case is that he was not paid a part of his wages for the months of November 1948 and March 1949 amounting to Rs. 76-4-0 and that as he was illegally suspended on 22 March 1949 by defendant 2, L. C. Mehta, Inspector of Works, and reinstated on 22 April 1949, he was entitled to Rs. 53 on account of the wages for the period of suspension. He, therefore, instituted a suit on 7 March 1950 for recovery of Rs. 137-3-3 inclusive of interest. The defendants filed written statements on 27 April 1950 but they did not raise any objection about the jurisdiction of the court. On 19 July 1950, however, they filed an application contending: that the court could not entertain the suit as it was for the recovery of wages which could have been recovered by an application under Section 15, Payment of Wages Act. The plaintiff replied by saying that the defendants had waived the objection regarding jurisdiction by not raising it in the written statement. The lower court held that it was not waived and after hearing arguments allowed it and dismissed the suit.

(3.) THIS case was set down for hearing by a Division Bench as V. R. Sen, J. , who initially heard it held that the question of jurisdiction is of general importance.