1950 (8) TMI 21

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....in 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. Mr. Bagchi who has appeared on behalf of the petitioners has urged that the d....

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....Bagchi does find support from a single Judge decision of the Rangoon High Court in Theo Lazarus v. E. M. DeSouza & Co. A. I. R. 1933 Bang. 85: (146 I. C. 946). But I do not think it is necessary to discuss this question any further. Even assuming that the payment of the month's wages to the workman without calling upon him to work amounted to giving him wages for the period of leave that he was entitled to, all that Mr. Bagchi can contend is that the Court made a mistake in law. There is no question that under Section 15(2), Payment of Wages Act, the Court had full authority to entertain this claim made by the workman for delayed wages and the most that can be said is that in deciding the claim the Court erred in law. 6. Though this ....