BISHAMBAR NATH AGARWAL S/O DEVKI NANDAN AGARWAL Vs. GANESH NARAIN KALEKAR

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution of India is directed against the order dated the 3rd of February, 1961 passed by the Legal Authority under the Payment of Wages Act, Gwalior in Case No. 15 of 1959.

(2.) THE petitioner is an Advocate in the Madhya Pradesh High Court and has office at Naya Bajar Lashkar. The opponent No. 1 Ganesh Narain Kalekar was engaged as a clerk by the petitioner on a fixed salary of Rs. 100/- per month to work in his office. On the 5th of November, 1959 the opponent No. 1 submitted an application--to the Legal Authority under the Payment of Wages Acts wherein he claimed arrears of his salary till 14-10-1959. The said application was moved under Section 30 of the Madhya Pradesh Shops and Establishment Act, 1958 read with Section 15 of the Payment of Wages Act.

(3.) A preliminary objection was raised by the present petitioner to the maintainability of the application on the ground that the Shops and Establishment act can nave no application to persons employed in an Advocate's office. The petitioner, therefore, contended that the Legal Authority had no jurisdiction to entertain the application. This objection having been overuled the petitioner has come up before this Court with a prayer for issuance of a writ of certiorari against opponent No. 2, the Legal Authority under the Payment of Wages Act at Gwalior, and also under Article 227 of the Constitution of India for quashing the impugned order.