W C WHITTON Vs. MAMMAD MAISTRY

JUDGEMENT

(1.) We are asked to revise an order of the Second-class Magistrate of Vayitri, dated 17th March 1915, refusing to direct counter-petitioner under Section 35 of the Madras Planters Labour Act (I of 1903) to complete the performance of the contract entered into by him, with petitioners. The Magistrate s ground of refusal is that he had already issued one such direction on 18th November 1913, in default of compliance with which counter-petitioner had been convicted and sentenced to two months rigorous imprisonment under Section 24(c) of the same Act. He had in addition been previously tried and convicted under the same section and clause on 28th March 1913, for failure in connection with the same contract, The Magistrate held, following Re Panga Maistry (1913) I.L.R. 36 Mad. 497 at p. 498, that he had no power to make more than one direction; and on this view dismissed petitioner s application.

(2.) Mr. Barton, who appears for petitioner, contends that the ruling above quoted is erroneous; and that apart from such special restrictions as may be involved in the particular contract, there is no limit to the number of successive directions which may be issued under Section 35, or to the number of prosecutions and convictions, which may follow in default.

(3.) He has bean at pains to explain that his client is prosecuting this petition simply as a test oa3e and is only anxious to have the law on the matter determined.