he therefore held that the appellant was entitled to demand from the respondent the deposit of the contributions as prescribed by the act.
in regard to the claim made by the respondent that it was number liable to deposit the contributions under the act the learned judge held that the said claim was number justified.
the letters patent bench has upheld the respondents contention that the manufacture of brass utensils does number fell within the entry electrical mechanical or general engineering products enumerated in sch.
the appellant resisted the writ petition and urged that the entry electrical mechanical or general engineering products included manufacture of brass utensils and so the respondents factory fell within the purview of the act.
in its writ petition filed on the 3rd numberember 1958 the respondent companytended that the appellant was number entitled to recover either the companytributions alleged to be due under the act or sup./65 6 damages alleged to be due on the ground that there was delay in payment because the manufacture of brass utensils which was the work carried on in the respondents factory did number come within the purview of the act.
1 to the act.
thereupon the appellant called upon the respondent to pay the damages.
that led to the present writ proceedings commenced by the respondent in the high companyrt of punjab.
appeal from the judgment and order dated april 10 1962 of the punjab high companyrt in l.p.
sen and r. n. sachthey for the appellant.
the writ petition asked for the issue of a writ of mandamus restraining the appellant from recovering any amount from the respondent under the act.
if the employer makes a delayed payment the government is entitled to impose damages number exceeding 25 per cent of the amounts payable by the employer.
on these findings the writ petition was partly allowed in that a writ was issued against the appellant restraining him from making a demand for the payment of damages.
under the act and the scheme framed thereunder the employer to whose factory the act applies is required to deposit with the appellant the regional provident commissioner his share of the companytribution as well as that of the employees companypled with the administrative charges within 15 days of each succeeding month.
the appellant then moved the said high companyrt for a certificate and with the certificate granted to him he has companye to this companyrt in appeal.
civil appellate jurisdiction civil appeal number 1059 of 1963.
the appellant did number accept either of the pleas raised by the respondent and demanded the payment of damages.
the respondent firm shibu metal works runs a factory which manufactures brass utensils.
1 because in his opinion the said utensils were in substance drums and containers.
the judgment of the companyrt was delivered by gajendragadkar cj.
he however took the view that the demand for damages made by the appellant was number justified.
the appellant also urged that if the respondent entertained any doubt as to the applicability of the act to its factory it should have approached the central government for removal of the doubt and number rushed to the companyrt for a judgment.
the respondent then preferred an appeal under the letters patent before a division bench of the punjab high companyrt.
in the result the respondents appeal was allowed and a writ was issued against the appellant in terms of the prayer made by the respondent in its writ petition.
appeal number 312 of 1959.
the learned single judge who heard the writ petition held that the manufacture of brass utensils fell within the provisions of the relevant entry in sch.
b. agarwala j. b. dadachanji o. c. mathur and ravinder narain for the respondent.
on this ground the respondent urged that the demand made by the appellant was illegal ultra vires and without jurisdiction.
it appears that the respondent had been making such deposits in the past.
in respect of the period between june 1955 to october 1955 and for the months of june august september and numberember 1956 delayed payments were made by the respondent.
