PURSHOTAM H. JADYE AND OTHERS versus V. B. POTDAR

The term 'instrument' in s. 2(vi)(d) of the Payment of Wages Act includes awards made by Industrial Courts. Therefore, gratuity payable under an award falls within 'wages' and applications by workmen before the Authority are competent.

Parties: Appellants: Purshotam H. Jadye and Others; Respondent No. 1 (authority Under Payment of Wages Act): V. B. Potdar; Respondent No. 2 (employer): Bombay Chronicle Co. Private Ltd.
Jurisdiction: India
Judgment Date: 26 October 1965
Procedural Posture: Civil Appeal / Appeal From Order of Bombay High Court (special Civil Application No. 1285 of 1960)
Outcome: Appeal allowed;
Legal Topics: Payment of Wages Act, Definition of Wages, Gratuity Under Award

Labour and Industrial Law Payment of Wages Act Definition of Wages Gratuity Under Award

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2

Parties

Purshotam H. Jadye and Others

Appellants

V. B. Potdar

Respondent No. 1 (authority Under Payment of Wages Act)

Bombay Chronicle Co. Private Ltd.

Respondent No. 2 (employer)

Procedural Posture

Civil Appeal / Appeal From Order of Bombay High Court (special Civil Application No. 1285 of 1960)

Legal Issues

1 Whether workmen are entitled to apply to the Authority under Payment of Wages Act, 1936 for recovery of gratuity due under an award; Does gratuity payable under an award fall within s. 2(vi)(d) of the Act?

Ratio Decidendi

Court Disposition

Appeal allowed;

Orders

Decision of Bombay High Court reversed; decision of Authority (respondent No. 1) restored with costs throughout; respondent No. 1 to proceed to deal with appellants' applications in accordance with law.