- (1.) THIS is an application under Article 227 of the Constitution of India filed at the instance of one Sunil kumar Dey, and it is directed against the order dated April 29, 1981 of the learned Chief Judge Small Cause court, Calcutta dismissing the appeal preferred by the petitioner against the order of the Authority under the payment of Wages Act disallowing the claim of the petitioner as mot maintainable.
(2.) THE petitioner was employed under the opposite party M/s. Naihati Electric Supply Co. Ltd. The opposite party suspended the petitioner with effect from april 11, 1968. Thereafter, the petitioner was dismissed by the opposite party The opposite party filed an application under section 33 (2) (b) of the Industrial Disputes act, 1947 before the First Labour Court for approval of the order of dismissal. The labour court rejected the prayer of the opposite party for approval of the order of dismissal.
(3.) BEING aggrieved by the order of the Labour Court the opposite party moved this Court under Article 226 of the Constitution. This Court upheld the order of the Labour Court. The petitioner approached the opposite party for his reinstatement and also claimed arrears of wages. The opposite party, however, turned down the claim of the petitioner. Thereafter, the petitioner filed an application before the Authority under the Payment of Wages Act praying for directing payment to him by the opposite party of his arrears of wages amounting to Rs. 8,535. 38. The authority dismissed the claim of the petitioner on the ground that it was not maintainable. On appeal by the petitioner to the Learned Chief Judge, Small. Cause Court, Calcutta who is the Appellate Authority under the Payment of Wages Act, the learned Chief Judge upheld the order of the Authority under the Payment of Wages Act and dismissed the appeal. Hence this application under Article 227 of the Constitution.;