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1955 Supreme(Bom) 8

CHAGLA, DIXIT
K. N. Joglekar – Appellant
Versus
Barsi Light Railway Co. Ltd. – Respondent


Advocates:
Rajani Patel, with M.V. Jaykar and P.R. Namjoshi, for Petitioners; N.A. Palkhivala, with Crawford Bayley and Co., (for No.1) and K.M. Desai, (for Nos.4 and 5), for Opponents.

Judgement

CHAGLA, C.J.:- This is a petition under Arts.226 and 227 of the Constitution by the President, Barsi Light Railway-mens Union on behalf of the workers of the Railway Company, and the petition came to be filed under the following circumstances. The Railway was taken over by the Union of India on 1-1-1954, and on 11-11-1953, a notice was served by the Railway Company terminating the services of all its workmen.

Some of the employees filed an application under S.15, Payment of Wages Act to the Authority under that Act, contending that they had been retrenched by the Railway Company and therefore they were entitled to compensation under S.25F, Industrial Disputes Act. The Authority held on merits in favour of the employees, but he came to the conclusion that he had no jurisdiction to entertain the application of the petitioners. Having come to that conclusion he dismissed the application, and the petitioners have now come to this Court challenging the decision of the Authority and contending that the Authority wrongly refused to exercise jurisdiction vested in him under the Payment of Wages Act.

2. Now, Mr. Palkhivala on behalf of the Railway Company has very fairly suggested th
































































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