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1964 Supreme(P&H) 102

A.N GROVER, H.R.KHANNA
Ram Amar Nath – Appellant
Versus
State of Punjab – Respondent


Advocates:
Anand Swaroop and R.S. Mital, for Petitioner; M.R. Sharma for Advocate-General, for Respondents.

Judgement

H. R. KHANNA, J. :- Milkhi Ram petitioner by means of this petition under Article 226 of the Constitution of India seeks to challenge the vires of the Payment of Wages (Punjab Amendment) Act, 1962 (Punjab Act No. 15 of 1962) hereinafter referred to as the Act.

2. The brief facts of the case are that the petitioner is an employee of the New India Embroidery Mills (Private) Limited, Chheharta. Under a settlement regarding payment of bonus to workmen of that Company for the year ending 31st March, 1963, the petitioner became entitled to a bonus amounting to Rs. 340/-. The Management of the Company paid the petitioner Rs. 220/- in cash and debited Rs. 120/- saying that this amount would be paid in the shape of 12 years National Plan Savings Certificates or National Defence Certificates or 10 years Defence Deposit Certificates in accordance with Punjab Government Labour Department Notification No. GSR-50/C.A. 4/36/S 26/ Amd(1)/63 D/- the 11th February, 1963. The above notification was issued by the Punjab Government as a consequence of the amendment made in the Payment of Wages Act by the impugned Act. According to the petitioner, the Impugned Act is beyond the competence of the















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