KOTVAL J.-This petition under Article 227 of the Constitution of India arises out of proceedings taken by respondent No.2 Chandan son of Bhika, a bidiroller, for payment of his leave wages under section 15 of the Payment of Wages Act. The present petitioner, the Manager, Ramkrishna Ramnath Bidi Factory, Kamptee, is his employer. The worker alleged that he had been working in the factory of the petitioner for over 240 days and that he was accordingly entitled to leave with wages under section 79 of the Factories Act for the period of 15 days from 3-4-1961 to 17-4-1961 but that those wages had not been paid. According to the worker his daily average whole time earnings were Rs. 2.75 N.P. and he, therefore, claimed a total of Rs. 41.25 N.P. The Authority under the Payment of Wages Act has granted the workers application but has held that he is entitled to compute the leave wages on the basis of a daily average earning of Rs. 2.04 N. P. and the employer has filed the present petition challenging that order.

2. The employer had, in answer to the application under section 15 of the Payment of Wages Act, raised a number of contentions with which we are not concerned in this peti