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1965 Supreme(P&H) 135

R.S.NARULA, INDER DEV DUA
Municipal Committee – Appellant
Versus
Sham Lal Kaura – Respondent


Judgment

Inder Dev Dua, J.

1. The municipal committee, Raikot, has invoked the jurisdiction of this Court under Atricles 226 and 227 of the Constitution challenging the order dated 23 July 1962 of Sri M. S. Joshi, Senior Subordinate Judge, acting as an authority under the Minimum Wages Act at Ludhiana. The counsel for the petitioner has raised only two points in support of his challenge to the impugned order. In the first instance, he has questioned the decision in regard to overtime wages of three persons, Tarsem Lal, Bharat Chand and Om Parkash, respondents 2 to 4. The second challenge raises the point whether an "employee " within the meaning of Sec.2 (i) read with Sec.20 of the Minimum Wages Act includes an ex-employee. Only two decided cases on the point have been brought to my notice on behalf of the petitioner and they take contrary views, though they are both by single Judges of the Madras High Court. In Wakefield Estate V/s. Maruthan Uchi and 31 Ors. (Neelamalai Plantation Workers Union) 1959 -I L. L. J.397, Balakrishna Ayyar, J. , has taken the view that an employee whose services are terminated is not entitled to invoke the summary machinery provided in Sec.20 of the Mini







































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