NATIONAL TOBACCO COMPANY INDIA LTD Vs. MIRIYALA KALIDAS

JUDGEMENT

(1.) THE petitioner seeks the issuance of a writ of prohibition to restrain the authority under the Payment of Wages Act from proceeding further with the hearing of P. W. No. 38 of 1959.

(2.) CERTAIN workmen, whose status la now in dispute, applied under Section 15 (2) of the Payment of Wages Act for the reliefs contemplated by that section. They first approached the regional inspector of factories for directing the petitioner to grant them leave with wages. The concerned Inspector went into the question and decided that they were workmen entitled to leave with wages and called the petitioner to give them leave with wages. On Intimation by the regional inspector, the petitioner postponed the payment laying that his Calcutta office was considering the matter and wanted the applicants to wait.

(3.) AS the petitioner did not implement the direction of the regional Inspector, the matter was referred to the Chief Inspector of Factories. The latter informed the president of the General Transport Mazdoor Union thus: The grievances stated in your petition have been examined. The workers concerned may be advised to apply to the management for leave with wages as required under Section 79 (6) of the Factories Act under Intimation to the regional inspector of factories, Guntur. Suitable action can be taken in the matter, if these applications are not favourably considered by the management.