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1953 Supreme(Bom) 10

M.C.CHAGLA
Prem Narayan Amritlal Varme – Appellant
Versus
Divisional Traffic Manager – Respondent


ORDER

1. This matter came before me on 13-12-1951. The learned District Judge had taken the view that the decision of the Authority under the Payment of Wages Act directing the employer to pay certain wages to his employee was incompetent inasmuch as the Authority had no jurisdiction to decide the question whether the suspension of the employee was rightful or wrongful. Having taken that view the learned District Judge did not decide the appeal on merits. I, therefore, Sent the matter back to him and directed him to decide the appeal on merits.

The learned District Judge decided in favour of the employee on merits, but he held that part of the claim of the employee was barred inasmuch as the Authority had wrongly condoned the delay in making the original application under Section 15 of the Payment of Wages Act, and therefore, he allowed the claim of the employee only in part. It is from that decision that this revision application is preferred, and the first contention urged by Mr. Latifi is that the learned District Judge had no jurisdiction to reverse in appeal a decision of the Authority condoning the delay on the part of the employee.

2. In order to decide this point it is necessa















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