AZAM JAHI MILLS LTD Vs. COURT OF AUTHORITY APPOINTED UNDER THE PAYMENT OF WAGES ACT ANDHRA PRADESH HYDERABAD
HIGH COURT OF ANDHRA PRADESH
AZAM JAHI MILLS LTD.
COURT OF AUTHORITY APPOINTED UNDER THE PAYMENT OF WAGES ACT, ANDHRA PRADESH, HYDERABAD
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Chandra Reddy, CJ. -
(1.) In this appeal against the Judgment of our learned brother,
Jaganmohan Reddy, J., in W.P. No. 624 of 1961, the jurisdiction of the Authority
appointed under section 15 of the Payment of Wages Act, 1936 (IV of 1936) (hereinafter
referred to as the Wages Act) to entertain objections regarding the deductions
made under the Employees' State Insurance Act (XXXIV of 1948) (hereinafter called
the Act) is challenged.
(2.) The appellant is the Azam Jahi Mills Ltd., situated at Warangal, respondents 2
to 7 being the employees thereof. Respondent 1 is the Authority appointed under
section 15 of the Wages Act. Complaining that the appellant had made some unauthorised
deductions, from out of their leave salary during the relevant months
towards sickness benefit, respondents 2 to 7 filed a petition under section 15 for
recovery of these amounts. The appellant challenged the jurisdiction of the Authority
to entertain the objections but this plea was overruled.
The appellant then approached this Court under Article 226 of the Constitution
to interdict the first respondent by a Writ of Prohibition or by any other appropriate
writ prohibiting him from hearing the claim of respondents 2 to 7. The Writ
etition was dismissed by our learned brother, Jaganmohan Reddy, J., in the view
that it was competent for the Authority appointed under section 15 of the Wages Act
to entertain the objections. It is this conclusion of our learned brother that is
canvassed before us.
(3.) It is urged by Sri B. V. Subrahmanyam, learned counsel for the appellant, that
the Wages Act is inapplicable to the present case and that it is the relevant
provisions of the Employees' State Insurance Act that govern this case. It
is maintained by the learned Counsel that the Act being a comprehensive one providing
inter alia for making contributions by the employers towards sickness and other
benefits to the employees, for regulating the conditions under which the sickness
benefit could be availed of by the employees and the remedies to be availed of by
the employers or the employees, it is this Act alone that should be invoked and
not the Wages Act.;
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