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1997 Supreme(MP) 123

C.K.PRASAD
Kalekhan Mohd. (Firm) And Ors. – Appellant
Versus
State Of M. P. And Ors. – Respondent


ORDER

C.K. Prasad, J.

1. Petitioner No. 1 is a partnership firm whereas petitioner No. 2 is its managing partner. The firm carries on the business of manufacturing bidis in the State of M.P. The Assistant Labour Commissioner filed application Under Sections 15(2) and 16 of the Payment of Wages Act stating therein that the petitioners did not pay bonus to its workmen in accordance with law. On receipt of the notice the petitioners filed their objection before the authority under the Payment of Wages Act. Objections of the petitioners were that application having been filed by the Assistant Labour Commissioner, the authority under the Payment of Wages Act, ought not to have taken cognizance of the same and proceeded with the matter. It was further contended that the claim made in the application was barred by limitation and bonus being not a wage, the authority under the Payment of Wages Act has no jurisdiction to entertain the application. The aforesaid objections of the petitioners were overruled by the impugned order dated 31-8-1984. Petitioners further contended that the matter being covered by the provisions of Section 22 of the Payment of Bonus Act, application Under Section 15 o

















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