P.V.DIXIT, K.L.PANDEY
P. L. SINGH – Appellant
Versus
C. B. KEKRE, DIST. – Respondent
( 1 ) THE facts of this application under Article 227 of the Constitution of India directed against a decision of the District Judge, Chhindwara, are that the petitioners made an application under Section 15 (2) of the Payment of Wages Act, 1936, before the Civil Judge (Class I), Chhindwara, for a direction under Sub-section (3) for payment of certain wages which had been delayed and for compensation amounting to Rs. 5,570/- in respect of wages for the two quarters ending 30-9-1954 and 31-12-1954. After considering the merits of the application the learned Civil Judge rejected it. Thereupon the petitioners filed an appeal under Section 17 of the Act before the District Judge, Chhindwara. The learned District Judge relying on Kherna Nand v. East Indian Rly. , Administration, ILR (1943) All 490: AIR 1943 All 243, Rajendranath v. Manager, French Motor Car Co Ltd. , AIR 1952 Cal 928 and P. Kumar v. Running Shed Foreman E. I. Rly. , AIR 1946 Oudh 148: ILR 21 Luck 348, held that an order rejecting an application under Section 15 (2) was not appealable under Clause (b) of Section 17 (1); and that, therefore, the appeal preferred by the petitioners was Incompetent. By this app
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