EMPEROR Vs. NAMDEO SAKHARAM

JUDGEMENT

(1.) These five are all cases under the Workmen's Breach of Contract Act, XIII of 1859, disposed of by the same Magistrate, and they contain so many points in common that one judgment will suffice to dispose of them all. Act XIII of 1859 provides for certain method of dealing with an artificer, a workman, or a labourer who has received an advance of money on account of any work which he shall have contracted to perform. It is quite plain that the powers conferred on Magistrates, and the advantages given to employers by this Act can, unless great care is exercised, be used to interfere with the free competition of labour to secure adequate wages.

(2.) It is very necessary, therefore, in all cases under this Act that the circumstances, which are supposed to bring them within the terms of the Act, should be carefully ascertained. The first thing to be ascertained is whether the artificer, workman or labourer entered into a valid contract and, if so, has wilfully and without lawful or reasonable excuse neglected or refused to perform work according to the terms of his contract.

(3.) Now, in order that this may be ascertained, it is quite clear that the terms and circumstances of the contract must be accurately ascertained. In not a single one of these five cases is it possible, on the record, as it stands, to ascertain what are the precise terms of the contract.