MATCHWEL ELECTRICAL INDIA Vs. MUNI LAL VERMEER

JUDGEMENT

(1.) IN this petition under Articles 226 and 227 of the Constitution, the petitioner-company, Matchwel Electricals (India), Limited, prayed for quashing the order, dated 19th December, 1958 of the Authority under the Payment of Wages Act, directing the petitioner-company under Section 15 (3) of that Act to pay Rs. 288. 71 np. to Ram Singh respondent. The facts giving rise to this petition were not disputed and, in brief as follows:

(2.) THE respondent Ram Singh is an employee of the petitioner-company. A dispute arose between them, and the same was referred to the Industrial Tribunal. Before it could be disposed of, on 16th April, 1958, the petitioner, purporting to act under sub-section (2) of Section 33 of the Industrial Disputes Act, 1947, dismissed Ram Singh from service, with effect from 29th March, 1958. Under section 33 (2) of the Industrial Disputes Act, the petitioner-company made an application to the Industrial Tribunal for approval of their action, but the same was dismissed on 10th June, 1958. Thereupon Ram Singh applied to the Authority under the payment of Wages Act, Delhi, claiming wages for the period between 29th March, 1958, and 30th June, 1958, at the rate of Rs. 100/- per mensem. Besides contesting the application on merits, an objection to the jurisdiction of the authority was raised but without any success. Ultimately on 19th December, 1958, the Authority under the Payment of Wages Act passed the impugned order, which is annexure E to the present petition.

(3.) THE sole ground on which this order has been assailed is that the claim of Ram singh respondent for the Payment of Wages after 29th March, 1958, could not be entertained by the Authority under the Payment of Wages Act as Ram Singh has been dismissed, and there was no relationship of employer and workman between the parties. I, however, do not find any merit in this contention.