J.K.TANDON
JASWANT SUGAR MILLS LTD. – Appellant
Versus
AUTHORITY UNDER THE PAYMENT OF WAGES ACT – Respondent
( 1 ) THE above petition which is under Article 226 of the Constitution raises an important question of law as to the true meaning and scope of the term "wages" defined in the Payment of Wages act, 1936, and consequently as to the scope of Section 15 of the said Act under which the authority empowered therein can direct the payment of what has been claimed to be in this case delayed wages. It will be necessary at the very outset to state certain facts peculiar to the case.
( 2 ) THE petitioner is a sugar undertaking owing its mills in the town of Meerut. The respondents, who are twenty-eight in number, besides the authority which made the order under Section 15 of the Act, are some of the seasonal labourers who happened to be employed in the petitioners mills season after season during the last few years. The fact is not disputed that these respondents are seasonal workmen. The Standing Orders governing the conditions of employment of workmen in Vacuum Pan Sugar Factories in this State--the petitioner factory is one such factory--classify workmen in six different categories viz. , (1) Permanent, (2) Seasonal, (3) Temporary, (4) Probationers, (5) Apprentices and (6)
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