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1971 Supreme(Kar) 250

DATAR
V. K. GOVINDASWAMY – Appellant
Versus
N. NANJAPPA – Respondent


Advocates:
B.Gopaloiah, K.SUBBA RAO

( 1 ) THE short question that arises for consideration in this revision petition is whether under S. 15 of the Payment of Wages Act, 1936, when the relationship existing between the parties is disputed, the payment of wages authority has jurisdiction to go into that question. It arises in this way : the respondent in this revision petition filed C. Mis. 14 of 1969 under s. 15 of the Payment of Wages Act, 1936 (hereinafter called the Act) claiming a sum of Rs. 385 together with compensation of Rs. 100 from the petititioner in this revision petition. His case was that he was an employee under the petitioner, that he was being paid daily wages at Rs. 7 per day, that the petitioner-employer had failed to pay his wages from 1st January 1968 upto 26th July 1968 and in spite of his efforts that amount was not paid; so the proceedings were initiated before the Court of the Additional first Class Magistrate, Bangalore, claiming the said relief.

( 2 ) THE petitioner in this revision petition denied that the respondent was his employee and that he was paying daily wages to him. The learned Additional First Class Magistrate, Bangalore City, who heard the said petition, by his order dt. 30h Jun















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