RAHIM HAJUBHAI SHAUKH A Vs. SHIRAJ KASIM NADAR

JUDGEMENT

(1.) These special civil applications are brought to this Court challenge the decision of the authority under the Payment of Wages Act on an interlocutory question, namely, whether the authority had jurisdiction to entertain and decide the applications made by the respondent workmen in each case. Each of respondents 1 in the applications was working with each of the petitioners in each of these applications, who are running different factories. Respondent 1 in Special Civil Application No. 1389 of 1967 claimed that he was entitled to notice-pay, retrenchment compensation, leave wages and bonus for the year 1963-64 at 20 per cent. of the pay and compensation on termination of his service. The petitioner admitted the employment of the workman, but contended that on 22 March, 1965 the workman left the factory without permission and thereafter he did not attend the factory at all, In short, his contention was that the workman voluntarily abandoned the employment of the petitioner. The claims in the other applications are of the same nature and the defences are also the same. The question that will have to be decided is whether the workman was retrenched or left of his own accord, i.e., abandoned the employment.

(2.) The question whether the authority has jurisdiction to try this issue was raised as a preliminary issue and the authority found the issue against the petitioners. The petitioners seek to revise this decision.

(3.) We will first examine the question on first principles. The Payment of Wages Act is intended to provide a short and speedy remedy to a workman who is not paid wages as defined in the Act or from whose wages anything is deducted illegally and improperly. The definition sections define words and phrases used in the Act. "Wages" is defined by S. 2(vi). It has a wide meaning and includes within it any benefit to which a workman is entitled to, on termination of service, either under the contract of employment or under any law or an award or a settlement. It includes within it a large number of benefits which but for the wide definition may not be included in "wages." Under S. 15, the authority has to decide all the claims, including all incidental matters, after hearing the parties and making such inquiry as it deems proper. The orders which the authority is entitled to make are comparatively wide; they are not limited to merely giving necessary directions for the payment of money to the employee, but also to the making of orders imposing penalty upon the employer for illegal deductions or non-payment. By S. 17, a right of appeal is given against the decision of the authority to the Court of Small Causes in the presidency towns and elsewhere to the District Court. Any decision rendered by the authority and/or the appellate Court in any appeal against his judgment is made final. Under S. 18, the authority has got all powers under the Civil Procedure Code for the purpose of taking evidence and of enforcing attendance of witnesses and compelling production of documents. Section 22 bars the jurisdiction of civil Courts in all matters which can be decided by the authority under the Payment of Wages Act.