( 1 ) THE petitioner is an employer admittedly employing less than fifty persons. For certain trade reasons the employer laid off five workman who are respondents 1 to 5 In this petition for a period of seventeen days In January 1961. The employer did not pay them any wages for the period of lay-off. Respondents 1 to 5 made an application under Section 15 of the Payment of Wages Act before the City Magistrate, who was the authority appointed under the Payment of Wages Aot for the purpose. By this application these respondents claimed that they had Illegally been deprived of their wages for the period of lay-off and prayed that a direction be given to the employer to pay them the wages for this period. The City Magistrate held that the employees were entitled to the wages for this period of lay-off and that the employer Lad made deductions not permissible under Section 7 of the Payment of Wages Act. He accordingly allowed the applications and directed the employer to pay to the employees the wages deducted. The employer did not file any appeal against the order of the City Magistrate but has directly challenged the order in this writ petition.

( 2 ) LEARNED Counsel