[1929] EACA 164

[1929] EACA 164

The court held that the statutory definition of 'employer' under section 2 of the Employment of Natives Ordinance (Cap. 139) encompasses both individuals and firms, including their partners and agents. The appellant, as a partner in J. S. Trivedy and Co., was therefore an 'employer' within the meaning of the law and liable for the withholding of wages. The subsequent bankruptcy of the firm did not negate the appellant's criminal liability for acts committed before the bankruptcy proceedings. The court found that whoever signed the kipandis did so as the appellant's agent, and thus the appellant was responsible for the offences. However, considering the bankruptcy, the court modified the...

Citation
[1929] EACA 164
Parties
Appellant: J. S. Trivedy; Respondent: Rex
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1929
Case Number
Revision Case 1/1929
Procedural Posture
Criminal Revision / Revision Application
Outcome
conviction_upheld_sentence_varied
Judges
Crean, Actg J, Stephens, J
Legal Topics
Withholding Wages, Definition of Employer, Liability of Partners
Source Language
English
Employment and Labour Criminal Law Withholding Wages Definition of Employer Liability of Partners

Case Brief

Summary, issues, holding and outcome

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Parties

J. S. Trivedy

Appellant

Rex

Respondent

Procedural Posture

Criminal Revision / Revision Application

Legal Issues

  1. 1 Whether a partner in a firm falls within the statutory definition of 'employer' under section 2 of the Employment of Natives Ordinance (Cap. 139).
  2. 2 Whether the appellant can be held criminally liable for withholding wages due to employees when the firm has been adjudicated bankrupt after the offences but before trial.
  3. 3 Whether liability attaches to the appellant individually or equally to all partners.

Ratio Decidendi

The court held that the statutory definition of 'employer' under section 2 of the Employment of Natives Ordinance (Cap. 139) encompasses both individuals and firms, including their partners and agents. The appellant, as a partner in J. S. Trivedy and Co., was therefore an 'employer' within the meaning of the law and liable for the withholding of wages. The subsequent bankruptcy of the firm did not negate the appellant's criminal liability for acts committed before the bankruptcy proceedings. The court found that whoever signed the kipandis did so as the appellant's agent, and thus the appellant was responsible for the offences. However, considering the bankruptcy, the court modified the...

Court Disposition

conviction_upheld_sentence_varied

Orders

  • Convictions in all cases are upheld.
  • Sentence in Criminal Case No. 19 of 1929 is altered to a fine of Sh. 200 or one week's simple imprisonment in default.