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1975 Supreme(SC) 271

A.ALAGIRISWAMI, N.L.UNTWALIA, P.K.GOSWAMI
Bombay Gas Company LTD. – Appellant
Versus
Jagannath Pandurang – Respondent


Advocates:
Bhandare Parekh, J.B.DADACHAN, K.D.MEHTA, M.C.BHANDARE PAREKH, Manju Jetley, O.C.MATHUR, P.C.BHARTARI, P.H.Parekh, S.DHANDARE, Shri Narain, SOLI J.SORABJI

A.ALAGIRISWAMI, J.

(1) THIS appeal arises out of the judgment of the Bombay High court in Special Civil Application No. 1967 of 1965.

(2) THE 118 respondents are workmen of the appellant company working in different departments of the companys works. Respondents Nos. 1 to 14 are syphon pumpers. They filed 14 applications before the Additional Authority under S. 15 of the Payment of Wages Act claiming overtime v\ages for the ps"iod February 195 7/01/1958. Respondents Nos. 15 to 20 are mains workers. They filed 66 applications before the same authority claiming overtime wages for the period December 195 6/11/1957. Respondents Nos. 81 to 118 filed 38 applications before the Third Additional Authority claiming wages for weekly off days. They belonged to the mains, heating appliances and fitting departments. They had joined the appellant company after 1948. The relevance of the reference to their having become workers of the company after 1948 will become clear when we deal with the facts of this case later.

(3) BEFORE the authority under the Payment of Wages Act the company contended that all the claims were barred under an award of the Industrial tri
























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