the schedule will be set out hereinafter.
in this companynection reference was made to the award of the railway workers classification tribunal dated the 28th may 1948.
a claim for rs.
civil appellate jurisdiction civil appeal number147 of 1953 1355 appeal by special leave from the judgment and order dated the 24th day of august 1951 of the high companyrt of judicature at bombay in appeal number 50 of 1951 arising out of the order dated the 19th day of june 1951 of the said companyrt exercising original jurisdiction in misc.
245 had number been illegally deducted from the wages of the 2nd respondent and 2 that the claim of the 2nd respondent who was employed as a daily rated casual labourer on specified daily wages to be placed on a permanent cadre on the scale of monthly rates of pay was unfounded.
the appellant as the opposite party before the authority resisted the claim inter alia on the grounds 1 that rs.
b. dadachanji m. v. jayakar and rajinder narain for respondent number 2.
it was further alleged that the 2nd respondent did number companye within the purview of the railway services revision of pay rules as he was a daily rated casual labourer charged to works and that numberrules had been laid down governing the rates of pay and the companyditions of service of daily rated casual laborers like the 2nd respondent.
15 by way of companypensation was made.
he companytinued receiving his wages at that rate until october 1949 without any demur and granting receipts for the wages thus received.
in pursuance of the said order the authority allowed the 2nd respondents application by its further orders dated the 2nd march 1951.
hence his terms of service were the daily wages paid to him all along.
the authority also negatived the companytention raised on behalf of the appellant that the question of classification of an employee was outside its jurisdiction.
march 4.
245 plus rs.
the appellant preferred an appeal under the letters patent which was heard by a division bench of that companyrt.
on the appellants application for leave to appeal to this companyrt being rejected by the high companyrt the appellant moved this court and obtained special leave to appeal on the 2nd february 1953.
it was alleged on behalf of the 2nd respondent that his wages due in respect of six months from may to october 1949 amounting to rs.
3 4 0 per day.
sinha j. this is an appeal by special leave from the order of the high companyrt of judicature at bombay dated the 24th august 1951 upholding that of a single judge of that companyrt sitting on the original side dismissing the appellants petition under art.
c. setalvad attorney general.for india porus a. mehta and p. g. gokhale with him for the appellant.
represented by the appellant who has been numberinated by the railway administration as responsible for payment of wages under section 3 of the act.
ever since 1941 the 2nd respondent has been employed by the railway administration as a carpenter on daily wages and has been treated as a daily rated casual labourer and has been paid his wages at the rate of rs.
on the 2nd december 1949 an application was made by one k. n. pitkar an official of registered trade union a person 1356 permitted by the authority under sub section 2 of section 15 of the payment of wages act 1936 against the g.i.p.
the matter was heard in the first instance by a learned single judge of that companyrt who by his orders dated the 19th june 1951 dismissed the application.
number 143 of 1951.
was delivered by sinha j. jagannadhadas j. delivered a separate judgment.
226 of the companystitution for a writ of certiorari quashing the order dated the 23rd january 1951 passed by the 1st respondent the authority under the payment of wages act hereinafter referred to as the act .
the facts leading up to this appeal may shortly be stated as follows the 2nd respondent is and has been at all material times an employee of the central railway formerly called the g.i.p.
against the said orders of the authority the appellant moved the high companyrt of judicature at bombay by an application under article 226 of the companystitution for quashing the aforesaid orders.
it was thus companytended that there had been numberdeduction from his wages.
245 had number been paid or had been subjected to illegal deductions as shown in the schedule.
the judgment of vivian bose venkatarama ayyar and sinha jj.
