MAHADESWARA LORRY SERVICE Vs. MUNIAPPA P
HIGH COURT OF KARNATAKA
MAHADESWARA LORRY SERVICE
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(1.)The respondent made an application under S. 15(2) of the Payment of Wages Act, to the Second City Magistrate, Bangalore. Part of the claim related to a period more than twelve months anterior to the date of application. Discovering later that the paid part of the claim would be barred by limitation, he made an application for condonation of delay invoking the powers of the Magistrate under proviso 2 appended to S. 15(2) of the Act. The Magistrate dismissed that application.
(2.)The respondent, first preferred Civil Revision Petition No. 1181 of 1966 to this Court. An objection as to its maintainability raised by the Registrar was upheld by Govinda Bhat, J., who made the following order :
"The order against which the above revision has been preferred in made under Sub-section (2) of S. 15 of the Payment of Wages Act. Against such an order, an appeal is provided under S. 17 of the said Act. The petitioner should exhaust his remedies provided under the Act before he approaches this Court under S. 115 of the Code. The office objections are upheld. The papers may be returned."
(3.)The respondent took back the papers and presented the same as an appeal to the District Court, Bangalore. The appeal was entertained, heard on merits and allowed by the District Court by its order dated 30 March, 1968. The employer-petitioner, aggrieved by that order has presented this revision petition.
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