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march 1955

Supreme Court of India · 1955-03-04

A.V. D'COSTA vs B. C. PATEL AND ANOTHER.

Citation / case number
SC 1953/1415
Court
Supreme Court of India
Petitioner
A.V. D'COSTA
Respondent
B. C. PATEL AND ANOTHER.
Bench
SINHA, BHUVNESHWAR P.

Judgment text excerpt

The Supreme Court held that under the Payment of Wages Act, 1936, specifically Sections 5, 7, and 15(1)(2), the authority does not have jurisdiction to adjudicate claims for potential wages, which require administrative discretion for determination. The Court ruled that the respondent's claim for being upgraded to a monthly wage scheme was not within the authority's purview, as it involved a determination that could only be made by superior officers. The dissenting opinion highlighted that claims for higher wages could be valid if based on established rules rather than administrative discretion.

A.V. D'COSTA vs B. C. PATEL AND ANOTHER. · Niyam