R.L.Narasimham, J.

1. 1. In this application the order of the Subdivisional Officer, Sasaram, exercising powers under Sec.15 of the Payment of Wages Act, 1936, declining to dispose of the application of the workmen on a preliminary issue as requested by the petitioner employer is under challenge. The workman alleged that there was unauthorised deduction from his wages and sought relief before the said officer. The employer entered appearance and wanted the question of maintainability of such an application including the jurisdiction of the officer to hear it (issues 1 and 3) to be decided in the first instance as preliminary issues. The Sub-divisional Officer, however, rejected this prayer saying that these issues will be decided along with the other issues which deal with the merits of the case.

2. There were two previous Bench decisions of this Court dealing with the same subject matter and Mr. Lalnarain Sinha quite property invited our attention to both of them. In one, which is M. J. C. No. 891 of 1962 (Pat) disposed of on 29-6-1965. It was held that the issue about jurisdiction should have been decided as a preliminary issue as it goes to the very root of the jurisdict