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1954 Supreme(Bom) 72

M.C.CHAGLA, Y.V.DIXIT
Sitaram Ramcharan and Ors – Appellant
Versus
M. N. Nagrashna and Anr. – Respondent


JUDGMENT - Chagla, C.J.

1. These two petitions are on behalf of the employees of the Watch and Ward Department, in one case of the Rohit Mills, Ahmedabad, and in the other case of the Rajnagar Spinning, Weaving Manufacturing Co., Ltd, Ahmedabad. These employees made an application on 23-9-1953, to the Authority under the Payment of Wages Act for payment of wages which according to them had been delayed; and in the case of the Rohit Mills the claim was with regard to wages from 1-1-1951, to 31-12-1952, and with regard to the other mill the claim was with regard to wages from 1-1-1951, to 30-6-1953; The basis of the claim was that the lights of these employees were governed by the Factories Act and under the provisions of the Factories Act, inasmuch as they had worked more than eight hours a day, they were entitled to overtime due.

Admittedly, the claim was made in respect of most of the wages six months beyond their becoming due, and as under Section 15(2), Payment of Wages Act, a claim made after six months is barred, it was incumbent upon the petitioners to satisfy the Authority that they had sufficient cause for not making the claim within time, The Authority came to the conclusi





















































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