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1969 Supreme(SC) 149

SUPREME COURT OF INDIA
J.M. SHELAT AND V. BHARGAVA, JJ.
Town Municipal Council, Athani (In all the Appeals), Appellant
Versus
Presiding Officer, Labour Court, Hubli and others etc. Respondents.
Civil Appeals Nos. 170 to 173 of 1968.
D/- 20-3-1969.
Advocates Appeared
Mr. B. Sen, Senior Advocate (M/s. S. N. Prasad and R. B. Datar, Advocates with him), for Appellant (In all the Appeals); Mr. Janardan Sharma, Advocate, for Respondents Nos. 4 to 14 (In C. A. No. 170 of 1968), Respondents Nos. 4 to 24 and 26 to 53 (In C. A. No. 171of 1968), Respondent No. 4 (In C. A. No. 172 of 1968) and Respondents Nos. 4 to 17 (In C. A No. 173 of 1968).

Advocates:
For the Petitioner: Adil Asimi, Adv.
For the Respondents: B.A. Dar, AAG and M.A. Beigh, Adv.

Headnote:

Constitution of India, 1950 - Article 226 - Industrial Disputes Act, 1947 - Section 33C (2) - Minimum Wages Act, 1948 - Section 20 (1) - Limitation Act - 1963 - Article 137 - Code of Criminal Procedure, 1898 - Section 195 and Chapter XXXV - Code of Civil Procedure, 1908 - Workmen - Wages - Dismissed Petition by High court - Appeal - Seeking computation of their claim for overtime work for period between lst April, 1955 and 31st December, 1957, and for work done on weekly off-days for period between lst April, 1955 and 31st December, 1960 - Amount claimed by each workman was separately indicated in application under each head - Held, High Court ignored circumstance that provisions of Article 137 were sought to be applied to an application which was presented not to a Court but to a Labour Court dealing with an application under Section, 33C (2) of Act and that such a Labour Court is not governed by any procedural code relating to civil or criminal proceedings - Omission of preamble does not, however, indicate that there was any intention of legislature to change purposes for which Limitation Act has been enforced - Bombay High Court also attached importance to circumstance that scopeof new Limitation Act has been enlarged by changing definition of "applicant" in Section 2 (a) of new Act so as to include even a petitioner and word "application" so as to include a petition - For reasons we have indicated earlier, we are unable to accept view expressed by Bombay High Court; and we hold that Article 137 of schedule to Limitation Act, 1963 does not apply to applications under Section 33C (2) of Act, so that previous decision of this Court that no limitation is prescribed for such applications remains unaffected - Appeals dismissed.

Judgment

BHARGAVA, J.: These four connected appeals have been filed, by special leave, by the Town Municipal Council, Athani, and are directed against a common judgment of the High Court of Mysore in four writ petitions filed by the appellant under Article 226 of the Constitution, dismissing the writ petitions. The circumstances in which these appeals have arisen may be briefly stated.

2. Four different applications under Section 33C (2) of the Industrial Disputes Act No. 14 of 1947 (hereinafter referred to as the Act") were filed in the Labour Court, Hubli, by various workmen of the appellant. Application (LCH) No. 139 of 1965 was filed by eleven workmen on 28th July, 1965, seeking computation of their claim for overtime work for the period between lst April, 1955 and 31st December, 1957, and for work done on weekly off-days for the period between lst April, 1955 and 31st December, 1960. The amount claimed by each workman was separately indicated in the application under each head. The total claim of all the workmen was computed at Rs. 62,420.82 P. according to the workmen themselves. The second application (LCH) No. 138 of 1965 was presented by 50 workmen on 23rd July, 1965, putting forward a claim for washing allowance at Rs. 36 each from lst January, 1964 to 30th June, 1965, and cost of uniform at Rs. 40 each from lst January, 1964 to 30th June, 1965 in respect of 18 of those 50 workmen. The third application (LCH) No. 101 of 1965 was filed by one workman alone on 19th April 1965, claiming a sum of Rs. 8,910.72 P. in respect of his overtime work and compensation for work done on weekly, off-days. The fourth application (LCH) No. 140 of 1965 was filed on 26th July, 1965 by 14 workmen making a total claim of Rs. 17,302.60 P., for work done on weekly off-days during the period from lst December, 1960 to 30th June, 1965. 13 of the workmen claimed that they were entitled to payment at Rs. 1,190 each, while one workman s claim was to the extent of Rupees 1,832.60 P. The Labour Court at Hubli entertained all these applications under section 33C (2) of the Act, computed the amounts due to the various workmen who had filed the applications, and directed the appellant to make payment of the amounts found due. Thereupon, the appellant challenged the decision of the Labour Court before the High Court of Mysore by four different writ petitions under Article 226 of the Constitution. The order in Application (LCH) No. 139/1965 was challenged in Writ Petition No. 741 of 1966, that in Application (LCH) NO. 138/1965 in Writ Petition No. 973 of 1966; that in Application (LCH) No. 101. of 1965 in Writ Petition No. 974 of 1966; and that in Application (LCH) No. 140/ 1965 in Writ Petition No. 975/1966. The principal ground for challenging the decision of the Labour Court was that all these amounts could have been claimed by the workmen by filing applications under Section 20 (1) of the Minimum Wages Act No. 11 of 1948: and, since that Act was a self-contained Act making provision for relief in such cases, the jurisdiction of the Labour Court under the general Act, viz., the industrial Disputes Act, 1947 was taken away and excluded. It was further pleaded that the jurisdiction of the Labour Court to deal with the claims under Section 20 .(1) of the Minimum Wages Act had become time-barred and such claims, which had become timebarred, could not be entertained by the labour Court under Section 33C (2) of the Act. Some other pleas were also taken in the writ petitions which we need not mention as they have not been raised before us. The High Court did not accept the plea put forward on behalf of the appellant and dismissed the writ petitions by a common order dated 25th August, 1967. These four appeals are directed against that common order dismissing the four writ petitions. Civil Appeals Nos. 170, 171, 172 and 173 of 1968 are directed against the order governing Writ Petitions Nos. 741/1966, 973/1966; 974/1966 and 975/1966 respectively.

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