Sen, J. :- This is an application under S. 115, Civil P. C., and also under Art. 227 of the Constitution of India against an order passed by the Court of Small Causes sitting on appeal against an order passed by the Authority appointed under the Payment of Wages Act (Act IV [4] of 1935). We might mention at once that learned advocate appearing for the petitioner at the very inception stated that he was not going to urge that Art. 227 of the Constitution applied inasmuch as the Constitution was not in force at the time the judgment of the appellate Court was passed. So we shall treat this application as one under S. 115, Civil P. C.

2. The facts which need be stated briefly are as follows : The petitioner is the Manager of Messrs. Jogendra Nath Chatterjee and Sons, a partnership firm carrying on business in engineering goods. The firm employed the opposite party Chandreswar Singh at a monthly salary of Rs. 47. He worked from 16-6-1947 till 13-2-1948 and went home on leave. He rejoined on 17-9-1948 and worked till 15-12-1948 when it is alleged he left without notice. Disputes arose between the workers and the proprietor of the firm and the disputes were referred to the Indust