Law:

Section:

Keywords: Rehabilitation, Relief, Money, Claims, Recovery, Terms Of The Contract, Time Of Payment, Contract, Order, Recovery Of Wages, Remuneration, Delay, Payment Of Salary, Refusal, Notification, Plea, Deductions, Payment, Discharge, Determination, Exclusion, Payment Of Wages, Bonus, Extraneous, Civil Court, Government, Gratuity, Magistrate, Fixation, Gratuity, Commission, Place, Provisions, Compensation, Proper Forum, Suit For Recovery, Jurisdiction JUDGMENT This is an application in revision against an order passed by the Small Causes Court Judge on 10th September 1958, holding that the suit for recovery of Rs. 1,140 was not barred by section 22 (d) of the Payment of Wages Act, 1936. The facts shortly put are these : The plaintiff-opposite party was in service of the defendant-applicants who are the trustees of the Hyderabad Relief and Rehabilitation Trust. The plaintiff-opposite party was admittedly employed as a clerk in Trust Match Factory. He was concerned with the publicity work of the factory. The defendants before the Small Causes Court Judge raised the plea that the Court could not entertain the suit in as much as the amount claimed was recoverable under section 15 of the Payment of Wages Act, 1936. The learned Small Causes Court Judge held that in as much as the plaintiff was employed on payment of a salary, it would not be covered by the definition of 'wages' as given in section 2 (vz) of the Payment of Wages Act. The only question for determination before me is whether the suit was entertainable by the Small Causes Court Judge. The relevant portion of section 22 of the Payment of Wages Act reads as under :- No Court shall entertain any suit for the recovery of wages or of any deduction from wages in so far as the sum so claimed- (d) could have been recovered by an application under section 15. For the purpose of determination of the present question sub- clause (1) of section 15 of the Payment of Wages Act need only be reproduced. It reads as under :- /5-(7). The (Provincial Government) may, by notification in the (Official Gazette), appoint any Commission for Workmen's Compensation or other officer with experience as a Judge of a Civil Court or…

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