- (1.) BOTH, Civil Writ No. 512 of 1961 and Civil Miscellaneous Case No. 128 of 1961, arise out of the judgment of the learned District Judge, Ajmer, dated the 21st of august, 1961, in a matter under the Payment of Wages Act (Act No. IV of 1936 -hereinafter to be called the "act" ).
(2.) THE facts, in so far as they are relevant, may be stated very briefly;
(3.) THE petitioner before us is a limited company Shri Bijay Cotton Mills Ltd. , bijaynagar, with its head office at Bijeynagar, and it is incorporated under the indian Companies Act, and is acting through its Managing Director Raghunath singh Man Singhka. Certain disputes arose between the Rashtriya Mill Mazdoor union, Bijaynagar, constituted by the employees of the Mill, and the petitioner, and in consequence thereof, the Inspector of Payment of Wages Act made an application to the Sub-Divisional Magistrate, Beawar, as the authority under the act, under Section 15 of the Act. The authority decided this application in favour of the Inspector on the 27th March, 1961, vide its judgment Ex. P-1. Aggrieved by this decision, the petitioner preferred an appeal to the District Judge, Ajmer, under section 17 of the Act, on the 1st of May, 1961. The memorandum of appeal was signed and presented by Shri Debi Dayal bhargava, a learned Advocate of this Court, who filed along with it a memo of appearance. This was to the following effect: "i appeared for the opposite party appellant in the Court below and my power is on the record of this Court. 'i have instructions' from appellant to appear and conduct the said case. " When the appeal came up for hearing before the learned District Judge, a preliminary objection was raised on behalf of the contesting respondents that the appeal filed by the mills was not properly presented by Shri Debi Dayal Bhargava and so deserved to be dismissed. This contention prevailed before the learned district Judge and, consequently, he dismissed the appeal on that preliminary point The petitioner has filed the present writ application against that order under article 226 of the Constitution, It has also filed a revision against the order of the learned District Judge. We propose to decide the writ application before us.;