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1952 Supreme(Nagpur) 51

MANGALMURTI, DEO
BHAGWAT RAI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
P N Rudra, S P Kotwal, Advocates

JUDGMENT

1. This is an application for revision under Section 25, Small Cause Courts Act by Bhagwat Rai who had filed Civil Suit No. 83 of 1950 in the Court of Shri S. L. Sharma. First Civil Judge, (Class II), Bilaspur empowered under Section 18. C. P. Courts Act.

2. Bhagwat Rai worked as a Fitter-coolie under the Inspector of Works, Bengal Nagpur Railway. Bilaspur, His case is that he was not paid a part of his wages for the months of November 1948 and March 1949 amounting to Rs. 76-4-0 and that as he was illegally suspended on 22nd March 1949 by Defendant 2 L. C. Mehta, Inspector of Works, and reinstated on 22nd April 1949 he was entitled to Rs. 53-0-0 on account of the wages for the period of suspension. He, therefore instituted a suit on 7th March 1950 for recovery of Rs. 137-3-3 inclusive of interest. The Defendants filed written statements on 27th April 1950 but they did not raise any objection about the jurisdiction of the Court. On 19th July 1950. however, they filed an application contending that the Court could not entertain the suit as it was for the recovery of wages which could have been recovered by an application under Section 15. Payment of Wages Act. The Plaintiff re



























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