1. This application in revision under Sec.115 of the Code of Civil Procedure is directed against an order passed by the Assistant Labour Commissioner, an authority appointed under Sec.28 (1) of the Bihar Shops and Establishments Act, 1953 (Act VIII of 1954), entertaining an application under Sec.28 (2) of the same Act by some of the employees of the Imperial Tobacco Co., of India Ltd. for wages due from their employer on account of over-time work, after condoning the delay in making that application. Sub-section (1) of Sec.28 of the Bihar Shops and Establishments Act (hereafter to be referred to as the Act) provides that an application for claim of wages can be made in the manner within such time and to such authority as may be prescribed for a direction under Sub-section (2) of Sec.28 of the Act. Sec. 40 of the Act provides for the powers of the State Government to make rules to carry out the purpose of this Act and particularly, under Clause (2) (d) to make rule providing for the authority before whom, the time within which and the manner in which the employee or any legal practitioner or authorised agent or an officer of a registered trade union or an Inspecting Officer