K.P. BHASKARAN Vs. R.SEN

JUDGEMENT

(1.) THIS Rule is directed against an order dated 2 -9 -77 passed in Misc. Case No. 1 of 1975 by the learned Metropolitan Magistrate, 3rd court, Calcutta, allowing in part the petitioner's claim in respect of wages due to him and disallowing the rest.

(2.) THE proceeding before the learned Magistrate was under Section 145(1) of the Merchant Shipping Act for recovery of wages from the opposite party M/s. R. Sen and Co. of 13, Camac Street, Calcutta -16. The petitioner who was originally appointed as a Fitter of the ship s. s. Bay Bengal and thereafter a Second Engineer on and from 3 -10 -64 by a letter of appointment dated 23 -10 -64 worked as such until 9 -8 -70 when he of his own accord left the services of the opposite party. The petitioner was assured by the opposite party that his wages would be settled immediately after his release but in spite of repeated reminders the opposite party having failed to meet his demand for a sum of Rs. 9685.13 P. which was due to him as wages he started the present proceeding before the learned Metropolitan Magistrate. The learned Metropolitan Magistrate after considering the evidence adduced on behalf of both parties allowed the application under Section 145(1) of the Act in part, i.e. a sum totalling Rs. 1538.13 P. on account of his wages for July 1970, and from 1 -8 -70 to 8 -8 -70, 2 days' fixed O.T. and mess money from 11 -6 -70 to 8 -8 -70 were allowed. The rest of his claim was disallowed and hence the present revisional application before this Court.

(3.) ACCORDINGLY I hold that there is no bar to my exercising my inherent power under Section 482 Cr. P.C. to consider whether the order passed by the learned Metropolitan Magistrate is just and proper. Accordingly I overrule the contention of Mr. Dutta on his point,