SURENDRA NAGAR Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Surendra Nagar has filed this revision against the order of the learned District Judge, Pali, dated 18 Jan. 1985, by which he accepted the appeal filed by the State of Rajasthan against the order of the learned Authority under the Payment of Wages Act, dated 9 July 1984, allowing a sum of Rs. 625 to the petitioner, and remanded the matter.

(2.) I have heard the learned counsel for the petitioner and the learned Additional Government Advocate.

(3.) Two contentions have been raised before me by the learned counsel for the petitioner. His first contention is that since the petitioner was working as store munshi at Jalore, the appeal against the order passed by the learned Authority under the Payment of Wages Act for Pali, Sirohi and Jalore, head quarters at Pali, should have been filed before the learned District Judge, Jalore, and not the District Judge, Pali, and the learned District Judge, Pali, had no jurisdiction to entertain the appeal. In my opinion, this objection does not deserve to be opted for the simple reason that the learned counsel for the petitioner has not been able to show any miscarriage of justice on account of the fact that the appeal was filed before the learned District Judge, Pali, and not the District Judge, Jalore. In this connection, reference may be made to S. 21 of the Code of Civil Procedure. Even if that section may not be strictly speaking applicable, the principle underlying that section will clearly hold good.