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1960 Supreme(Bom) 26

K.G.DATAR, V.M.TARKUNDE
Balaram Abaji Patil and Ors. – Appellant
Versus
M. C. Ragojiwalla and Anr – Respondent


JUDGMENT - 1. Two questions arise for decision in this petition filed under Article 227 of the Constitution of India, and the questions are: (1) whether wages which are required to be paid by statute, over and above the wages stipulated by contract, fall within the definition of "wages" in the Payment of Wages Act; and (2) whether in the case of workers covered by both the Payment of Wages Act and the Minimum Wages Act, the jurisdiction of the Authority under the Minimum Wages Act to direct the employer to pay the unpaid balance of minimum wages is exclusive, so as to oust the jurisdiction of the Authority under the Payment of Wages Act to grant tha same or similar relief.

2. The facts on which these questions arise are these: -- The petitioners were employed by respondent No. 2 for the work of preparing salt in certain salt pans. The concern of respondent No. 2 was a factory under the Indian Factories Act, and the petitioners are accordingly covered by the Payment of Wages Act. By a notification issued on 16th June 1953 under Section 27 of the Minimum Wages Act, the category of employment to which the petitioners belonged was brought within the purview of that Act, and by the same






















































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