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1987 Supreme(All) 39

B.D.AGRAWAL, R.S.DHAVAN
GENERAL MANAGER, N. E. RLY. – Appellant
Versus
SHRI PAT – Respondent


B. D. AGARWAL, J.

( 1 ) COMMON question which these petitions under Article 226 of the Constitution give rise is whether subsequent to the enforcement of the Administrative Tribunals Act, 1985, the jurisdiction of the Prescribed Authority, constituted under the Payment of Wages Act, 1936, in respect of the remuneration relating to persons employed in connection with the affairs of the union of India, stands ousted. Respondent No. 1 in Writ Petition No. 13344 of 1986 brought original Suit No. 13 of 1982 in the civil court disputing the retrenchment directed against him with effect from August 19, 1981, and seeking declaration to the effect that he continued in service. The suit was contested by the petitioners, who pleaded, inter alia, that the respondent had not put in 240 days continuous service and the retrenchment could not be invalid. The trial court decreed the suit on May 5, 1983. The appeal filed by the petitioners in the District Court was dismissed on May 1, 1985. Second appeal remains pending in this Court. Meanwhile respondent No. 1 made an application under Section 15 of the Payment of Wages Act to the prescribed Authority claiming wages for the period of August 19, 198





























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