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Kannappan (M.) and ors. Vs. Hoe and Company and anr. - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtChennai High Court
Decided On
Judge
Reported in(1961)IILLJ510Mad
AppellantKannappan (M.) and ors.
RespondentHoe and Company and anr.
Cases ReferredTukaram v. General Manager
Excerpt:
- .....of the commissioner to decide the question whether the dismissal or retrenchment of a workman was lawful. authority for this position is to be found in the judgment of the bombay high court in tukaram v. general manager, central railway 1957 l.l.j. 250 where it was held that the payment of wages authority has no jurisdiction to decide on an application under section 15 of the payment of wages act whether the dismissal of an employee was lawful or unlawful and that such a question would not come within the purview of the special tribunals set up under the act. the appeal is dismissed.
Judgment:
ORDER

1. We agree with the learned Judge that under Section 15 of the Payment of Wages Act the Commissioner for Workmen's Compensation, has no Jurisdiction to make an order at the instance of an employee who has been dismissed or retrenched. It is not within the province of the Commissioner to decide the question whether the dismissal or retrenchment of a workman was lawful. Authority for this position is to be found in the Judgment of the Bombay High Court in Tukaram v. General Manager, Central Railway 1957 L.L.J. 250 where it was held that the Payment of Wages authority has no jurisdiction to decide on an application under Section 15 of the Payment of Wages Act whether the dismissal of an employee was lawful or unlawful and that such a question would not come within the purview of the special tribunals set up under the Act. The appeal is dismissed.


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