- (1.) THE judgment and order dated 24th July, 2008 of the Court appointed under the Payment of Wages Act,1936 (hereafter the Act), being the competent authority, allowing an application under Section 15 thereof of the concerned employees (respondents herein) on contest and holding that they are entitled to a decree for a sum of Rs. 70,185/- against the opposite parties viz. the Board of Trustees for the Port of Calcutta (petitioners herein) and compensation for a sum of Rs. 1,40,370/-, is the subject-matter of challenge in this writ application.
(2.) MR. Dutta, learned Counsel appearing for the petitioners contended that the impugned order is one passed without jurisdiction and, therefore, this Court ought to entertain the writ petition despite availability of an appellate forurn under the Act. According to him, the claims of the employees were barred by limitation and, therefore, ought not to have been entertained by the authority. The authority without assigning any reason considered the claims to have been filed within time and thus maintainable, and therefore failed to exercise discretion in a reasonable manner.
(3.) THE other submission of Mr. Dutta is that relevant evidence produced by or on behalf of the said Trust was not considered by the authority thereby rendering the impugned order perverse and thus vitiated.;