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1965 Supreme(Guj) 44

P.N.BHAGWATI, N.G.SHELAT
GOPICHAND KHOOBCHAND SHARMA – Appellant
Versus
WORKS MANAGER LOCO SHOPS,western RAILWAY – Respondent


Advocates Appeared: S.K.AGARWAL, VITTHALBHAI PATEL

P. N. BHAGWATI, N. G. SHELAT, J.

( 1 ) THE principal question which arises in these petitions relates to the scope and ambit of the power of the Authority under the Payment of Wages Act 1936 (hereinafter referred to as the Act) in relation to an application made by an employed person for deducted wages under sec. 15 where the claim for deduction is sought to be supported by the employer by reference to the provisions of sec. 7 (2) (h ). The facts giving rise to the petitions are identical save for the name of the petitioner and the amount involved in each case and it will therefore be convenient if we set out the facts relating to the petitions together. The petitioner in the first petition was at all material times employed as a Material Examiner in the Loco Shop the petitioner in the second petition was employed as a Fitter in the Electrical Workshop and the petitioner in the third petition was employed as a Fitter in the 8. M. Shop of the Western Railway Administration at Dohad. In respect of an incident which took place on 29th March 1955 the petitioners were prosecuted in the Court of the Judicial Magistrate First Class Dohad for offences under secs. 147 332 342 and 427 read wi














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