J. C. JAIN versus R. A. PATHAK AND OTHERS .

J. C. JAIN versus R. A. PATHAK AND OTHERS .

The right of appeal conferred on employers by s. 17(1)(a) of the Payment of Wages Act, 1936, accrues when the total sum directed to be paid by way of wages and compensation exceeds Rs. 300, regardless of whether that sum is payable to a single employee or collectively to a group of employees under a consolidated application. The words of the statute do not require each employee to be awarded Rs. 300 or more to confer the right to appeal.

Parties
Appellant: J. C. Jain; Respondents: R. A. Pathak and Others
Jurisdiction
India
Judgment Date
12 January 1960
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated March 17, 1955, of the Small Causes Court, Bombay, in Appeal No. 1 of 1955
Outcome
Appeal allowed
Legal Topics
Right of Appeal, Construction of Statutes, Payment of Wages Act, 1936, Appeals by Employers Under S. 17(1)(a)
Labour Law Right of Appeal Construction of Statutes Payment of Wages Act, 1936 Appeals by Employers Under S. 17(1)(a)

Case Brief

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Parties

J. C. Jain

Appellant

R. A. Pathak and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated March 17, 1955, of the Small Causes Court, Bombay, in Appeal No. 1 of 1955

Legal Issues

  1. 1 Whether, under s. 17(1)(a) of the Payment of Wages Act, 1936, an employer has a right of appeal when a single application is made on behalf of several employees and the total sum directed to be paid exceeds Rs. 300, even though each individual claimant does not receive Rs. 300 or more

Ratio Decidendi

The right of appeal conferred on employers by s. 17(1)(a) of the Payment of Wages Act, 1936, accrues when the total sum directed to be paid by way of wages and compensation exceeds Rs. 300, regardless of whether that sum is payable to a single employee or collectively to a group of employees under a consolidated application. The words of the statute do not require each employee to be awarded Rs. 300 or more to confer the right to appeal.

Court Disposition

Appeal allowed

Orders

  • The order of dismissal passed by the appellate authority is set aside.
  • The appeal is remanded to the appellate authority for disposal in accordance with law and as expeditiously as possible.