VEERAPATHERAN v. PROPRIETORS OF EKKERALLA ESTATE
Present: Drieberg J.
VEERAPATHERAN v. PROPRIETORS OF EKKERALLA
ESTATE.
123-C. R. Ratnapura, 20,310.
Master and
servant-Action for wages by labourer-Quitting service without notice-Right of
employer to forfeit wages-Time of payment-Ordinance No. 13 of 1889, s. 10.
A labourer, who has quitted service without notice, is entitled to maintain an
action under section 10 of Ordinance No. 13 of 1889 to recover wages due for a
completed term of service. In such a case the labourer may be paid his wages for
the previous month at any time during the following month ; whereas, if he had
given notice he would be entitled to payment on the termination of the contract.
THIS was
an action instituted under section 10 of Ordinance I No. 13 of 1889 by a head
kangany for himself and on behalf of fifty labourers employed on Ekkeralla
estate against the proprietors of the estate for the recovery of wages for the
month of June, 1927, amounting to a sum of Rs. 500. It was contended on behalf
of the defendants that the plaintiffs were not entitled to then-wages as they
had left the defendants' service without notice. The
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