KANDASAMY v. MUTTAMMA

KANDASAMY v. MUTTAMMA

P. C, Panadure, 14,977.

 

Master sued servant-Ordinance No. 11 of 1865, a. 11- Person entitled to prosecute.

Semble, the employer is the only person who can prosecute for offences under the Labour Ordinance; but a Magistrate might be justified in issuing process on the complaint of a fellow servant on-proof of his employer's authority to make the complaint. In that case, however, the employer should be described as the complainant.

THE facts of this case sufficiently appear in the judgment.

Pereira, for accused, appellant.

Cur. adv. vult.

19th June, 1896. Bonser, C.J.-

This is a peculiar case. The appellant, a Tamil woman, was charged with, and convicted of, the offence following: " That she " being an agricultural servant under a contract of hire and service " for the period of one month, and renewable from month to month, " quitted the service of her employer, Mr. Wetherall, of Perth estate, " without leave or reasonable cause, before the end of her term of '' service or previous warning of her intention to determine the " contract of service."

I may here observe that this conviction is bad, for it does not

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