HYDERABAD HANDLOOM WEAVERS CENTRAL CO OPERATIVE ASSOCIATION LTD Vs. AUTHORITY UNDER PAYMENT OF WAGES ACT ANDHRA PRADESH

JUDGEMENT

(1.) These two writ petitions have been referred to a Bench by Srinivasachari, J., inasmuch as the question involved would affect a large body of persons. In both these petitions, the point for consideration is whether an appeal would lie from an order of an Authority appointed under section 15 of the Payment of Wages Act read with section 37-A of the Shops and Establishments Act. The facts in W.P. No. 911 of 1960 are that the third respondent who is an employee of the Hyderabad Handloom Weavers Central Co-operative Association, was suspended on 23rd May, 1958 and was dismissed on 26th September, 1958 after departmental enquiry, for misconduct and misappropriation of property belonging to the Association. A criminal prosecution launched against him for these charges finally ended in his acquittal. The third respondent thereafter filed an application before the Authority under the Payment of Wages Act, purporting to be under section 15 of the Act, claiming a sum of Rs. 1,975 together with Rs. 120 as delayed wages and continuing wages for the period. The Authority directed the Association to pay the third respondent a sum of Rs. 2,535.50 nP. and the Association preferred an appeal against the said order before the Additional Chief Judge, City Civil Court, but that Court, after hearing arguments, returned the memorandum of appeal for presentation to the proper forum, holding that it had no jurisdiction.

(2.) Writ Petition No. 841 of 1960 also by the Hyderabad Handloom Weavers Central Co-operative Association, relates to the same matter wherein the third respondent had been dismissed and had applied to the Authority under the Payment of Wages Act for directing the petitioner to deposit the amount of Rs. 946 being the wages accrued due subsequent to the date of the dismissal. The said Authority directed the payment of the sum stated above which included the additional payment. Having regard to the rejecting of the memorandum of appeal by the City Civil Court in the main matter in the previous application, the subject matter of W.P. No. 911 of 1960, the petitioner stated in paragraph 7 of the petition that although the Central Act provides for an appeal, but it is extremely doubtful whether this remedy is available under the Hyderabad Shops and Establishments Act ; and as such no adequate and satisfactory remedy exists.

(3.) Learned Government Pleader, in support of the order of the City Civil Court, directing the return of the memorandum of appeal, contends with reference to section 15 of the Payment of Wages Act that section 37-A of the Shops and Establishments Act is a legislation by reference and unless the other provisions relating to appeals, namely, section 17 of the Payment of Wages Act, are incorporated in the Shops and Establishments Act, no appeal lies against the order made by the Authority under section 37-A. He further submits that the Legislature, instead of adopting section 15 ipsissima verba, merely referred to it, but the effect of section 37-A is the same as if section 15 was bodily incorporated mutatis mutandis in place of section 37-A. Learned Advocate for the petitioner, on the other hand, submits that the effect of section 37-A is not to incorporate section 15 in the Act, but to make the Authority appointed under section 15 of the Payment of Wages Act to function as an Authority under the Shops and Establishments Act. If so, the other provisions of the Payment of Wages Act, relating to appeals, viz., section 17, would become automatically applicable. In order to test the validity of these rival contentions, it is necessary to examine the language of section 37-A read in conjunction with section 15 and other relevant provisions of the Payment of Wages Act.