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1960 Supreme(SC) 342

K.N.WANCHOO, P.B.GAJENDRAGADKAR
Birdhichand Sharma: State Of Bombay – Appellant
Versus
First Civil Judge, Nagpur – Respondent


Advocates:
A.G.Ratnaparkhi, K.L.Hathi, M.N.Phadke, N.P.NATHVANI, NAUNIT LAL, R.H.Dhebar, Shankar Anand Zinjarde

Judgment

WANCHOO, J. : This is an appeal by special leave in an industrial matter. The appellant is the manager of a biri factory in Nagpur. Respondents 2 to 4 are working in that factory. They applied for leave for fifteen days from December 18, 1955, to January 1, 1956, and did not go to work during that period. The appellant did not pay their wages for these days and in consequence they applied to the Payment of Wages Authority (hereinafter called the Authority) for payment to them of wages which had been withheld. Their claim was that they were entitled to fifteen days leave in the year under Ss. 79 and 80 of the Factories Act, 1948. The Authority allowed the claim and granted them a sum of Rs. 90/6/- in all as wages which had been withheld for the period of leave. Thereupon, the appellant filed an application under Art. 226 of the Constitution before the High Court at Nagpur. His main contention was that respondents 2 to 4 were not workers within the meaning of the Factories Act and could not therefore claim the benefit of S. 79 thereof. The respondents contended that they were workers within the meaning of the Factories Act and were entitled to the sum awarded to them by the










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