DALMIA JAIN AIRWAYS LTD. Vs. SUKUMAR MUKHERJEE

JUDGEMENT

(1.) THIS is a petition praying that an order made by the Court of Authority under the Payment of Wages Act be set aside or varied. The petition is made under Article 227 of the Constitution of India.

(2.) THE petitioners Messrs. Dalmia Jain Airways Ltd., were the employers of the opposite party Sukumar Mukherjee. It seems that by the terms of Sukumar Mukherjee's employment he was entitled to a month's leave on full pay every year. The employers wishing to end Mukherji's services gave him a month's wages and terminated his employment summarily. The employee made a claim in the Court of the Authority under the Payment of Wages Act for a month's pay in lieu of the period of leave which he was unable to make use of. The Court held that he was entitled to the payment of a month's wages in lien of this period of leave and that is the only question in issue in this petition.

(3.) I do not think it is necessary to consider the question as to whether the Court of Authority under the Payment of Wages Act is or is not a tribunal because it appears to me quite clear that this is a case in which we would never interfere even if we had jurisdiction.