P.V.RAJAMANNAR
The Madras Provincial Type-Foundry Workers’ Union – Appellant
Versus
Ramalinga Mudaliar – Respondent
These are petitions seeking to revise the order of the learned Chief Judge of the Court of Small Causes dismissing four appeals filed before him under section 17 of the Payment of Wage Act against order of the Commissioner for Workmen’s Compensation, passed on application made by a workers’ union under section 15(2) of the Payment of Wages Act against proprietors of certain foundries. The claim was for recovery of bonus alleged to be due and payable to the workers under an agreement between them and the proprietors. The Commissioner held that the bonus claimed by the petitioners a would not fall within the definition of wages“in section 2(vi) of the Payment of Wages Act and therefore the petitions under section 15 of the Act were not sustainable, as the subject-matter was not covered by the Act. On this ground the petitions were rejected. Appeals were filed against these orders by the Union to the Court of Small Causes at Madras. A preliminary objection was taken on behalf of the proprietors that the appeals were not maintainable under section 17 of the Act. The learned Judge upheld the preliminary objection and held that the appeals were not maintainable and dismissed them
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