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1957 Supreme(Pat) 79

K.DAYAL, SINHA
Md. Qasim Lari, Factory Manager Sasamusa Sugar Works Ltd. – Appellant
Versus
Md. Shamsuddin – Respondent


Judgment

Sinha, J.

1. This application has been made by the Manager, Sasamusa Sugar Works, Limited, who has been named as the Manager of the factory under Section 7 of the Factories Act.

2. Opposite Party No. 1 is the General Secretary of the Sasamusa Workers Union and opposite party No. 2 claims to be one of the daily coolies employed by the Sasamusa Sugar Works, Limited.

3. On different dates a number of applications were filed by several persons including the opposite party claiming refund of the deductions made by the Sugar Works under Sec.15 of the Payment or Wages Act (Act IV of 1936), before the District Magistrate, Chapra, who is the prescribed authority under the Payment of Wages Act. The matter came up to this Court on several occasions. On the last occasion the matter was remanded to the authority for decision of the preliminary point raised by the opposite party and other claimants in regard to the maintainability of the applications.

The petitioner on behalf of the Sugar Works contended that the applications were not maintainable because the opposite party as well as the other claimants had not made out a case of deduction from wages, and as such the prescribed authorit






























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