ORISSA POLICE CO-OPERATIVE SYNDICATE Vs. BINOY KUMAR BOSE
LAWS(ORI)-1978-3-10
HIGH COURT OF ORISSA
Decided on March 22,1978

ORISSA POLICE CO-OPERATIVE SYNDICATE Appellant
VERSUS
BINOY KUMAR BOSE Respondents

JUDGEMENT

- (1.) THIS application for a writ of certiorari is directed against the order dated 17. 9. 1976 made by the competent authority under the Payment of Wages Act, 1963 (hereinafter referred to as "the Act") holding that the claim laid by opposite party No. 1 was maintainable and the Authority had jurisdiction to continue the enquiry.
(2.) OPPOSITE party No. 1 was employed as chief accountant in the establishment of the Orissa Police Syndicate at Cuttack on a consolidated remuneration. He made an application under Section 15 (2) of the Act alleging that he had worked overtime and was, therefore, entitled to overtime wages. Petitioner appeared in the said proceeding and filed counter-affidavit disclose with the stand that the claim was not maintainable and the authority under the Act had no jurisdiction to entertain the claim. The preliminary question of jurisdiction was examined by the opposite party No. 2 and he came to hold that the claim was sustainable and the same would be enquired into. Petitioner disputes the correctness of the aforesaid view and reiterates its stand that the claim is not sustainable by the authority under the Act.
(3.) IN the instant case the payability of overtime wages is disputed and it is contended that where such a dispute is raised, the Act has no application. Counsel for the petitioner places reliance on the observations of the Supreme Court in the cases of Central Bank of India v. Rajagopalan 1963 II L. L. J. 89 : and Payment of Wages Inspector v. B. E. S. and I. Co. Reliance is also placed on the dicisions in the cases of Surajmal v. Authority P. of W. Act 1969 I L. L. J. 762 : and Gurusharansingh v. Rewa Transport Service for the said contention. On the other hand, counsel for opposite party No. 1 places reliance on a decision of the Supreme Court in the case of Athani Municipality v. Labour Court, Hubli;


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