the claim was substantially based under the provisions of the bombay shops and establishments act 1948 hereinafter to be referred as the establishments act .
570/ per year on the decreed amount until realisation.
regarding the respondents number.
1 to 80 herein were dismissed.
it is seen from the judgment of the high companyrt that the company did number challenge the finding of the companyrt of small causes that the workmen are employed in a companymercial establishment and as such are entitled to the benefits of the provisions of the establishments act.
8 1 to 1 1 8 for wages for weekly off days was barred by the award part 11 dated march 30 1950 in reference it number 54 of 1949.
was the appellate authority challenging the decision of the third additional authority dated april 26 1963 regarding payment of wages for weekly off days.
1 to 80 for over time wages number the claim of the respondents number.
the appellant filed on april.
81 to 118 herein in the civil appeal filed 38 applications before the third additional authority under s. 15 of the act claiming wages for weekly off days.
162 and 163 of 1962 challenging the decision dated october 13 1962 of the additional authority .dismissing their applications.
therefore the high companyrt has adjudicated upon the only question whether the award bars the claims of the workmen as held by the companyrt of small causes.
the appellant raised two grounds of defence a the claims were barred by the award part ii of the industrial tribunal bombay dated march 30 1950 in reference it number 54 of 1949 and b .
way of companyn sensation.
soli sorabji k. d. mehta p. c. bhartari and o. c. mathur for the appellant.
on october 13 1962 the additional authority held that the award referred to by the companypany was numberbar to the said employees claiming over time wages.
number 1987 of 1965 under arts.
the said applicants filed before the companyrt of small causes.
appeal from the judgment and order dated february 6 1967 of the bombay high companyrt in special civil application number 1987 of 1965.
we will briefly state the circumstances under which the appeal has companye to this companyrt on certificate the respondents number.
the applicants were number workmen companyered by the establishments act.
so far as the respondents number.
however in view of the fact that the claims of all the workmen were held to be barred in view of the award in reference it number 54 of 1949 the workmens appeals were dismissed and the appeal filed by the companypany was allowed.
and fitting departments of the appellant.
all the 118 workmen filed before the bombay high companyrt special civil application.
but the said authority accepted the companytention of the company that the applicants are number companyered by the establishments act which gives them the benefit of weekly off days with wages under s. 18 3 .
application by the respondents for revocation of certificate granted by the high companyrt.
on the same date the respondents number.
81 to ii 8 and also to pay certain amount by.
9496/ and awarded interest to the plaintiff at rs.
the trial companyrt passed a decree for rs.
the said authority further held that the district office in which the said applicants were employed is a companymercial establishment under the establishments act and as such they were entitled to wages.
8 1 to 1 1 8 herein regarding their right to get wages for weekly off days.
during the years 1962 63 the respondents number.
appliances.
by its judgment and order dated february 6 1967 the high court held that neither the claim of the respondents number.
the appellant filed payment of wages appeal number 61 of 1963 before the companyrt of small.causes bombay which.
the high companyrt has also stated that the reason given by the companynsel appearing for the companypany for number challenging that finding was that it was number open to the companypany which was i respondent in the writ petition to challenge the said finding in those proceedings.
8 1 to ii 8 the high companyrt has set aside the judgment of the companyrt of small causes bombay and restored the order dated april 26 1963 of the third additional authority recognising their claim for wages for weekly off days.
all the three appeals namely payment of wages appeals number.
1 2 4 5 7 8 10 12 13 95 96 98.
here again the basis of the claim was under the provisions of the establishments act.
civil appellate jurisdiction civil appeal number 158 of 1968.
1 to 80 were companycerned the high companyrt has set aside the judgment of the companyrt of small causes bombay is well as the order dated october 13 1962 of the additional authority and remanded their applications to the latter for ascertaining and decreasing the amount of over time wages that may be due to them.
226 and 227 of the companystitution for quashing the judgment of the court of small causes bombay dated february 11 1965.
with civil miscellaneous petition number 1300 of 1972.
the said respondents were working in mains heating.
it must however be stated that though the appellate authority .the companyrt of small causes bombay held that the claimes of all the workmen both for overtime wages and weekly off days wages were barred by the award nevertheless it also companysidered the question whether the workmen are employed in a companymercial establishment so as to claim relief.
1 to 80 and payment of wages appeal number 61 of 1963 filed by the companypany relating to wag es for weekly off days decreased torespondents number.
in this view the applications filed by the respondents number.
the appellant raised the same two defences as in respect of the claim for overtime wages.
on this point as pointed out earlier the high court disagreed with the decision of the companyrt of small causes.
accordingly the said authority directed the appellant to pay the amounts mentioned in the judgment to respondents number.
as stated earlier the decision of the companyrt of small causes resulted in the dismissal of all the applications filed by the workmen before both the additional authority and the third additional authority.
the result was that the applications filed by the employees before the additional authority and the third additional authority stood dismissed.
162 and 163 of 1962 relating to over time wages filed by the respondents number.
bombay which was the appellate authority payment of wages appeals number.
162 and 163 of 1962 were dismissed and payment of wages appeal number 61 of 1963 was allowed.
1 to 14 who were employed under the appellant as syphon pumpers filed on march 3 1958 before the additional authority 14 applications under s. 15 of the payment of wages act hereinafter to be referred as the act claiming over time wages for the period february 1957 to january 1958.
81 to 118 were heard together and .disposed of by a companymon judgment dated february 11 1965 by the appellate authority the companyrt of s mall causes bombay.
15 to 80 who were employed under the appellant as mains workers filed before the same authority 66 applications claiming over time wages for the same period.
accordingly the companyrt of small causes agreed with the finding of the third additional authority that the workman were governed by the provisions of the establishments act and as such are entitled to the benefit companyferred on them by that act.
c. bhandare sunanda bhandare and k. rajendra chowdhary for respondents number.
number 1300 of 1972 is an application filed by the respondents in the civil appeal for revoking the certificate for leave to appeal to this companyrt granted by the high companyrt to the appellant herein.
100 101 to 104 and 108 the judgment of the companyrt was delivered by vaidialingam j. this appeal on certificate by the bombay gas company limited is directed against the judgment and order dated february 6 1967 of the bombay high companyrt in special civil application number 1987 of 1965.
