C.A.VAIDIALINGAM, I.D.DUA, J.M.SHELAT
Works Manager, Central Railway Workshop, Jhansi – Appellant
Versus
Vishwanath – Respondent
Judgement
DUA, J.: This appeal by special leave is directed against the order of a learned Single Judge of the Allahabad High Court affirming on revision under Section 115 Civil P. C. the order of the learned Additional District Judge, Jhansi, who had allowed the respondent s appeal from the order of the learned City Magistrate, Jhansi, made on an application presented by the respondents under Section 15 of the Payment of Wages Act IV of 1936. The City Magistrate was the "authority" appointed under Section 15 and the District Court was the court of appeal under Section 17 of the said Act. The respondents through the Assistant Secretary of the National Railway Mazdoor Union Work Shop Branch, Jhansi had asserted in their application under Section 15 that they were workers within the meaning of Section 2 (1) of the Factories Act (63 of 1948) and complained that they were denied wages for overtime work done by them on the erroneous ground that they were not workers within the aforesaid provision. The learned Magistrate held that the respondents had been entrusted with purely clerical duties and they were not connected in any manner with the manufacturing process. On this conclusion thei
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