Law:

Section:

(a) Payment of Wages Act (IV of 1936)---- ---S. 15--Factories Act (XX V of 1934), S. 2--Timekeeper--Directly connected with production in factory--Amenable to provisions of Payment of Wages Act, 1936. (b) Payment of Wages Act (IV of 1936)----- ---Ss. 15 a 17--Civil Procedure Code (V of 1908), S. 115--Claim not advanced in application before Authority--Application for amendment of main application to include such claim rejected by Authority--Such claim pressed in appeal of opposite-party--Plea that since refusal of Authority to amend application was an interlocutory order no appeal was filed there against and revision application would be permissible--Plea rejected--Such claim having not been advanced before Authority, in circumstances, held, not entertain-able at appeal stage. (c) Payment of Wages Act (IV of 1936)----- ---Ss. 15 a 17--Wages claimed for period of strike when no duty performed--Pay allowed to some workers for such period irrespective of their presence or absence, held, would amount to ex gratia payment-­Such payment, held, would not create any right in other workers--Order of Authority accepting such claim, set aside in appeal by Labour Court in circumstances. S.M. Yakoob for Appellant. Respondent No.1 in person. ORDER Abdul Rauf had preferred a claim under section 15 of the Payment of Wages Act before the Authority under Payment of Wages Act, Hyderabad claiming a sum of Rs.1,547 towards unpaid salary, bonus etc. and also compensation to the extent of 10 times. The plea of the respondent /applicant before the learned Authority was that he was refused payment of salary for the period from 8-2-1975 to 13-4-1975 though other persons who had also remained absent on account of strike in the mill had been paid the salary. His second claim is that he was also refused payment for the period commencing from 1-3-1977 to 14-3-1977. He was also refused notice pay for one month amounting to Rs.315. According to him he had tendered his resignation on 11-6-1977 but he was not relieved and so he repeated his request on 13-9-1977. He pleaded that since he was not relieved on the expiry of one month of the submission of the resignation, he was entitled to the…

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