SARKER BAKERY Vs. AUTHORITY UNDER THE PAYMENT OF WAGES ACT
LAWS(CAL)-1961-9-24
HIGH COURT OF CALCUTTA
Decided on September 18,1961

Sarker Bakery Appellant
VERSUS
AUTHORITY UNDER THE PAYMENT OF WAGES ACT Respondents

JUDGEMENT

B.N.BANERJEE, J. - (1.) THE petitioner firm carries on business as a baker of loaves of bread and of biscuits and has its bakery at 7/1, Gas Street, Calcutta. The respondent 2, Sk. Pir Ali, used to work as a workman in the bakery of the petitioner firm. He was discharged from service without notice. For unpaid wages for the period December 1957 to 28 January 1958, the petitioner claimed a sum of Rs. 95 -1 -0 and also a further sum of Rs. 50 as a month's pay in lieu of notice. For recovery of the aforesaid sums he started a proceeding before the Authority under the Payment of Wages Act (IV of 1936).
(2.) AMONGST other points taken in defence, the petitioner firm took the point that it was not a factory and as such the Authority under the Payment of Wages Act (IV of 1936) had no jurisdiction over itself. The evidence adduced before the Authority established that about 23 or 24 persons worked in the bakery and all the operations therein were performed by manual labour.
(3.) THE Authority, however, rejected the contention of the petitioner firm that it was not a factory, with the following observations: (a) In his evidence, the applicant says that 23 or 24 men worked at the bakery and he found names of 23 or 24 workmen in the payment register. (b) It is seen that the bakery is a partnership concern and there must be registers of attendance of employees and payment to them and also accounts to show production and Bale. I am inclined to hold these registers have been withheld from production at the Court. So in the absence of any evidence to the contrary, I would hold that the O.P.'s bakery is a factory and the applicant is entitled to file his claim under the Payment of Wages Act.;


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