The High Court affirmed the jurisdiction of the District Court under Section 17(1)(a), Payment of Wages Act, and emphasized the importance of compliance with procedural rules in wage-related claims. The court also clarified the entitlement to pay and increment based on the terms of employment and the limitation period for claims.

Sen—This is an application in revision by Debidutt Dube to set aside the order dated 6th March 1943 passed by the Court of the Additional District Judge, Jubbulpore, in Miscellaneous Appeal No. 2/4 of 1943. The Central India Electrical Supply Company Ltd., Lahore, appointed Debidutt Dube as a shift engineer in their power house at Katni by their letter of appointment dated 5th August 1937 on an initial salary of Rs. 60 per mensem. Two of the conditions on which he was appointed were: (i) he was to be on a probation for a period of six months and if his work was found satisfactory he was to be confirmed on a grade of Rs. 60-5-80, (ii) the services were terminable on one month's notice on either side. The last condition was subsequently modified, on 20th August 1940 and it was mutually agreed that the services were terminable on 8 days notice on either side or in the absence of 8 days' notice, 8 days salary will be paid by the party desiring to sever connections. Debidutt Dube signed a letter embodying these terms and the letter has been filed in the case. A copy of the bye-laws of the company in force at the time of his appointment has been filed in the case. The relevant Rr. 7 (b) and (c) are reproduced below:

7 (b) In case of negligence of duty, the General Manager and heads of sections shall have power to fine employees at fault and further shall have power to suspend them in case of serious misconduct, (c) All employees of the Company are liable to dismissal without notice for neglect of duty, dishonesty, or any other safficient cause, without assigning any reason,

2. Debidutt Dube joined his appointment on 23rd August 1937. He was never confirmed by the company as they considered his work unsatisfactory and he was suspended on 20th May 1941 by Mr. Sood, engineer-in-charge, Katni, under instructions from the Head Office. Section 2 (d), National Service (Technical Personnel) Ordinance, No. 2 of 1943, defines 'industrial undertaking' to mean any concern engaged in the supply or distribution of light, power or water. The Central India Electrical Supply Company, Ltd., was thus an industrial undertaking as defined by the Ordinance. Under S. 13 (3) of the Ordinance no owner or manager of an industrial undertaking can discharge, dismiss or release any person unless be has given fifteen days previous notice in writing of the contemplated discharge, dismissal or release to the Tribunal constituted under the Ordinance.

3. As required by S. 13 (3) of the Ordinance, a notice was given on 4th June 1941 by the com-pany to the Chairman National Service Tribunal, Central Provinces and Berar, Nagpur, intimating that they were dismissing Debidutt Dube after 20th June 1941 for misconduct, complicity and incompetency. Debidutt Dube complained to the Chairman of the Tribunal about his suspension and intimated to him that he felt no inclination to serve in the company any more. The Chairman of the Tribunal informed him by the letter dated 28th/31st July 1941 that his name had been struck off the list of technical personnel maintained in the office on the receipt of report dated 4th June 1941 from the company intimating that they were dismissing him from service after 20th June 1941. The company sent a notice on 9th August 1941 to Debidutt Dube intimating that he was dismissed and his services were dispensed with, with effect from 21st June 1941 due to misconduct, insubordination and incompetency. The notice was served on him on 12th August 1941. The company remitted to him Rs. 62.8.0 less moneyorder commission on account of his pay from 20th May 1941 to 20th June 1941.

4. Debidutt Dube applied under Section 15, Payment of Wages Act, 1936, for a direction for refund of Rs. 965 to him under Sub-section (3) of S. 15 of the Act. His claim consisted of three items - Rs. 120 on account of pay from the 21st June 1941 to 20th August 1941; Rs. 345 on account of increment due from 1938 to 1941; Rs. 500 on account of damages arising out of the breach o