HARRIES, G.N.DAS, BANERJEE
Dalmia Jain Airways – Appellant
Versus
Sukumar Mukherjee – Respondent
Harries, C. J. :- This is a petition praying that an order made by the Court of Authority under the Payment of Wages Act be set aside or varied. The petition is made under Art. 227 of the Constitution of India.
2. The petitioners Messrs. Dalmia Jain Airways Ltd., were the employers of the opposite party Sukumar Mukherjee. It seems that by the terms of Sukumar Mukherjees employment he was entitled to a months leave on full pay every year. The employers wishing to end Mukherjis services gave him a months wages and terminated his employment summarily. The employee made a claim in the Court of the Authority under the Payment of Wages Act for a months pay in lieu of the period of leave which he was unable to make use of. The Court held that he was entitled to the payment of a months wages in lieu of this period of leave and that is the only question in issue in this petition.
3. Mr. Bagchi who has appeared on behalf of the petitioners has urged that the decision of the Court was clearly erroneous. On behalf of the opposite party, it was contended that this Court had no authority at all to interfere in the matter as the decision or order in this case was not that of a tribunal as
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