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1961 Supreme(All) 9

S.C.DHAVAN
UNION OF INDIA (UOI) – Appellant
Versus
BABU RAM – Respondent


Advocates Appeared:
JAGDISH SVARUP, Radha Krishna

S. C. DHAVAN, J.

( 1 ) THIS is an application under Section118 C. P. G. filed by the Union of India against the decision of the Additional District Judge, Moradar bad dismissing their appeal against an order of the Additional District Magistrate, Moradabad functioning as Commissioner under the payment of Wages Act by which he directed the Union of India to pay certain sum claimed as wages by a workman Babu Ram. It raises a question of general importance regarding the scope of the powers of the Commissioners in an inquiry under Section 15 (1) of the Act and also the meaning and purpose of the rule requiring a strict interpretation of statutes ousting the jurisdiction of the Civil Courts.

( 2 ) THE facts are these : Babu Ram was in the employ of the Northern Railway which is run by the union of India. On 18th April 1946 he was served with an order removing him from service. He preferred appeals to the competent authorities which were rejected. Finally, on 20th August 1951 he filed a suit for declaration that the order removing him from service was illegal. This suit was decreed on 20th August 1952 and an appeal by the Railway dismissed on 5th of August 1953. A second appeal was filed











































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