OM PARKASH ARORA Vs. JASWANT SINGH AND ANR.

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution raises interesting questions of law to appreciate which it is necessary to refer to the facts leading to these proceedings.

(2.) THE Petitioner, Om Parkash Arora is employed as Development Officer in the Life Insurance Corporation of India at Amritsar and is drawing Rs. 565 p.m. He moved the Chief Judicial Magistrate, Amritsar, under Sections 16 and 18 of the Punjab Shops and Commercial Establishments Act, 1958, for a direction to the Respondent Life Insurance Corporation of India and its Senior Branch Manager Shri Jaswant Singh to pay Rs. 3,892.16 on account of wages and compensation due to him for the period between 26th August, 1968 and 19th September, 1968. He alleged that his salary for the period stated above had been withheld by his employer without justifiable cause and because of oblique motive and in contravention of Section 16 of the Punjab Shops and Commercial Establishments Act (hereinafter referred to as the Act).

(3.) FEELING aggrieved by this order of 10th January, 1969, the Petitioner Om Parkash Arora has approached this Court under Article 227, of the Constitution complaining that the learned Magistrate had refused to exercise jurisdiction on wrong premises and prays that his order be set aside and he be directed to deal with the Petitioner's claim on merits. Besides defending the impugned order of the Magistrate dated 10th January, 1969, Mr. Rajinder Sachar appearing for the Respondents has raised two preliminary objections. He contends: