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march 1958

Supreme Court of India · 1958-03-19

M/S. KASTURI AND SONS (PRIVATE) LTD. vs SHRI N. SALIVATEESWARAN AND ANOTHER

Citation / case number
SC 1956/80
Court
Supreme Court of India
Petitioner
M/S. KASTURI AND SONS (PRIVATE) LTD.
Respondent
SHRI N. SALIVATEESWARAN AND ANOTHER
Bench
BHAGWATI, NATWARLAL H.,SINHA, BHUVNESHWAR P.,IMAM, SYED JAFFER,KAPUR, J.L.,GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that under Section 17 of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955, the specified authority lacks jurisdiction to determine the amount due to a journalist, as it only provides a procedure for recovery of amounts previously determined by a competent authority or court. The Court clarified that if the legislature intended for the authority to adjudicate on the merits of claims, it would have conferred necessary powers, which were not present. Consequently, the petitioner's challenge to the authority's jurisdiction was upheld, and the claim was dismissed.

M/S. KASTURI AND SONS (PRIVATE) LTD. vs SHRI N. SALIVATEESWARAN AND ANOTHER · Niyam