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1961 Supreme(MP) 100

V.R.NEWASKAR, H.R.KRISHNAN
MANAGER HINDUSTHAN JOURNALS, PRIVATE LIMITED – Appellant
Versus
GOVIND RAM SAWAL RAM – Respondent


Advocates Appeared:
G.M.CHAPHEKAR, J.D.PATEL

KRISHNAN, J.

( 1 ) THIS is an application in the alternative under Section 115, C. P:c. and Article 227 of the Constitution by the employer, from the appellate order by the District court under Section 17 of the Payment of Wages Act, affirming the order of the payment of Wages Authority under Section 15 of the Act. Two of the questions for consideration are ones of form though still Important in view of the frequency with which they arise. Firstly, whether application of this type should not be filed straightway as one in revision under Section 115, C. P. C. without bringing in Article 227 of the Constitution: Secondly, whether the petition becomes ineffective because of the non-mention ct the application of the Payment of Wages Act to the wages in the establishments covered by the M. B. Shops and Establishments Act. On the merits the questions are, whether a claim for leave salary under Section 26 of the Madhya Pradesh Shops and Establishments Act, is a claim for wages as defined in Section 2{vi) of the Payment of Wages Act. (The relevant provisions of the M. B. Shops and Establishments Act are identical in their wording with those of the M. P. Act: for convenience, the number of














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