The appellant then applied for a certificate to appeal to this Court which was refused.
The High Court on a companysideration of the circumstances came to the companyclusion that respondents Fir2 to 4 were workers under s. 2 1 of the Factories Act and therefore the order of the Authority was companyrect and dismissed the petition.
Appeal by special leave from the judgment and order dated August 6, 1957, of the Bombay High Court, Nagpur, in Misc.
The appellant is the manager of a biri factory in Nagpur.
Respondents 2 to 4 are working in that factory.
He then obtained special leave from this Court and that is how the matter has companye up before US.
Thereupon, the appellant filed an application under Art.
90/16/ in all as wages which had been withheld for the period of leave.
P. Nathvahi, K. L. Hathi and R. H. Dhebar, for the Intervener State of Bombay .
CIVIL APPELLATE JURISDICTION Civil Appeal No.
370 of 1959.
His main companytention was that respondents 2 to 4 were number workers within the meaning of the Factories Act and companyld number therefore claim the benefit of a. 79 thereof The respondents companytended that they were workers within the meaning of the Factories Act and were entitled to the sum awarded to them by the Authority.
512 of 1956.
The appellant did number pay their wages for these days and in companysequence they applied to the Payment of Wages Authority hereinafter called the Authority for payment to them of wages which had been withheld.
Shankar Anand and A. G. Ratnaparkhi, for the respondents Nos.
226 of the Constitution before the High Court at Nagpur.
Petition No.
The Authority allowed the claim and granted them a sum of Rs.
The Judgment of the Court was delivered by WANCHOO, J. This is an appeal by special leave in an industrial matter.
They applied for leave for fifteen days from December 18, 1955, to January 1, 1956, and did number go to work during that period.
December 9.
N. Phadke and Naunit Lal, for the appellant.
79 and 80 of the Factories Act, 1948.
Their claim was that they were entitled to fifteen days leave in the year under ss.
