Rajagopalan

The respondent, plaintiff in S.C.S. No. 229 of 1955 on the file of the District Munsif's Court, Coimbatore, was an employee of the petitioner, the defendant in the suit. The plaintiff's services terminated on 24 October 1954. On 31 March 1955 the plaintiff sued the defendant for the recovery of a sum of Rs. 300. The details of that claim as given in the plaint were :

(1) salary from 1 August 1954 up to 1 October, 1954 at Rs. 75 per month - Rs. 150.

(2) Daily wages at Rs. 2-8-0 per day for Sundays from June 1954 to 8 September, 1954, 17 Sundays - Rs. 42-8-0.

(3) Leave salary earned by the plaintiff for his service under the defendant from June 1951 to September 1954 at Rs. 2-8-0 per day - Rs. 125.

(4) Fifteen days' salary in lieu of notice - Rs. 37-8-0.

From the total sum of Rs. 355 thus arrived at the plaintiff deducted Rs. 33. He gave up a sum of Rs. 22 and he limited his claim to Rs. 300. The plaintiff admitted that for a period 1 October 1954 to 24 October 1954, he had been paid his wages on a daily basis.

The defendant pleaded S.22 of the Payment of Wages Act (IV of 1936) in bar of the jurisdiction of the civil court to take cognizance of the plaintiff's claim.