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What has weighed with the High Court in granting a certificate under Art.133(1)(b) is the circumstance that the nature of the demands made by the workmen were such that they are recurring claims arising in the future also and as such the final judgment and order in the writ petition involve directly or indirectly a cla... |
This view of the High Court is erroneous and contrary to the decisions of this Court and as such the grant of ' certificate by the High Court is erroneous. Ratio |
Along with the application, the respondents have filed a statment to show that the value of the subject matter of the claim regarding over time wages does not exceed Rs. 10660. Ratio |
At this stage it may be mentioned that according to the appellant this schedule deals only with the claims made by the Mains workers and it does not include the amount claimed by the 14 Syphon Pumpers. Ratio |
In this affidavit the averments made are as follows : Though the appeal has been. Ratio |
pending in this Court for a considerable time, the respondents have filed the application for revocation of the certificate only when the appeal was about to be heard. Ratio |
It is pointed out that the respondents opposed before the High Court the application for grant of certificate on the ground that the aggregate of all claims put together amounts only to Rs. 17678.80 P., and hence no certificate should be granted. Ratio |
The appellant had filed a rejoinder giving details regarding the value of the subject matter of the appeal to this Court. Ratio |
As per the particulars given therein, the value of the subject matter of the entire claim in respect of overtime wages, weekly off days wages and compensation is of the value of Rs. 26822.09. Ratio |
Therefore, the amount or value of the subject matter in dispute in the court of the first instance and still in dis pute in the appeal is Rs. 26822.09, which is well over the prescribed limit of Rs. 20,000. Ratio |
The claim for weekly off days wages at the rate claimed by the workmen on the date of the judgment of the High Court, that is February 6, 1967 became crystalised in, the aggregate amount of over Rs. 30,000. Ratio |
Similarly, the claim 936 for over. Ratio |
time wages as a result, and effect of the judgment of the High Court, as on the date of the decision in the writ petition, also exceeds the sum of Rs. 20,000. Ratio |
The respondents raised a controversy regarding the amount or value of the subject matter in dispute before the High Court in application No. 869 of 1967. Ratio |
But, inasmuch as the recurring claims of both weekly off days wages and over time was, at the time of the High Court 's judgment in the writ petition on February 6, 1967, had crystalised into amounts exceeding Rs. 20,000, the High Court issued the certificate under Art.133(1)(b) and that the certificate so issued under... |
We have set out fairly elaborately the claim made by the resPondents in C.M.P. No. 1300 of 1972 for revoking the certificate granted by, the High court as well the,defence pleaded by the appellant to that application. Ratio |
But from the material averments made by the appellant in its application before the High Court for grant of certificate, it is to be gathered that the prayer was substantially on the ground that the amount or value of the subject matter of the applications before the Payment of Wages Authorities, in the appeals before ... |
This prayer will bring the application under article 133(1) (a). Ratio |
In the alternative, the certificate was prayed for on the ground that the case is fit one for appeal to this Court. Ratio |
This prayer will come under article 133 (1) (c). STA |
The request of the appellant for grant of certificate on the above basis was opposed by the respondents herein on the ground that the amount or value of the subject matter before all the Authorities, the Court of Small Causes, the High Court and in dispute in the proposed appeal before this Court was far below Rs. 20,0... |
It was also averred that there was no substantial question of law of any great importance arose for consideration so as to attract article 133 (1) (c). Ratio |
After giving details regarding the nature of the claims made by the workmen, both as over time wages and weekly off days wages, it was stated that the claim fell far short of the sum of Rs. 20,000/ . Ratio |
As the High Court had only adjudicated upon that claim in the, writ petition, the respondents pleaded that the judgment of the High Court does not involve directly or indirectly any claim or question respecting property of the value of Rs. 20,000/ or more. Ratio |
The High Court on October 19, 1967 granted the certificate in the following terms "Certificate to issue under article 133 (1)(b) of the Constitution. Ratio |
Costs in the Supreme Court appeal. Ratio |
" 937 From the above it will be seen that the High Court has not given any indication as to how it issued the certificate under article 133(1)(b). Ratio |
(a) or el. Ratio |
(c) of article 133(1). Ratio |
On the basis of the claims made by the workmen as over time wages and weekly off days *ages for the particular periods, the appellant had calculated at the same rate for even subsequent periods till the date of the judgment of the High Court and claimed that the amount or value in dispute in appeal to this Court is ove... |
The appellant had also raised a point in its further affidavit before, the High Court that it will have to meet in future also claims from its workmen and as such it will have to face a recurring liability. ARG |
On this basis the appellant has raised a plea that the judgment of the High Court involves directly or indirectly a claim or question respecting property of the value of Rs. 20,000/ and more. ARG |
In view of the fact that the High Court has granted the certificate under article 133(1)(b), it has to be presumed that it has accepted the appellant 's plea that a certificate could be granted under the said clause when there is a recurring liability, which, if calculated for subsequent years will be at least Rs. 20,0... |
The question is whether under circumstances the certificate granted under article 1 3 3 (1) (b) by the High Court, is proper and valid. Ratio |
It is significant to note that in paragraph 7 of the petition of appeal filed in this Court, the, appellant has stated that it is not possible to estimate at a money value the subject ,matter of dispute in the appeal. Ratio |
Accordingly,, it has paid only a fixed, court fee Rs. 250/ as per the rules. Ratio |
In the claim statement filed by the appellant before the High Court, if has stated that Rs. 6675.84 is claimed as weekly off wages by the respondents Nos. 80 to 118 and a sum of Rs. 18221.25 is claimed by the respondents Nos. 1, to 80 as over time wages. Ratio |
These two different claims were not consolidated before th Authorities because the claim for weekly off wages was dealt with by the, Third Additional Authority and the claim for over time wages was dealt with by the Additional Authority. Ratio |
According to the Union the claim for over time wages does not exceed Rs. 1,0660/ But it is not, necessary for us to go further into this aspect as article 1 33(1)(a) is out of the picture. Ratio |
The appellant, relying on the calculation filed by it before the High Court has further stated in its affidavit dated February 18, 1972, filed in opposition to the application for revocation, that, on the basis of the claim for weekly off wages in the sum of Rs ' 6675.84 p. for one year, if calculated for the subsequen... |
Similarly, in respect. Ratio |
of over time wages, on the basis of the claim made by the workmen, if. Ratio |
calculated upto February 6, 1967, the amount will exceed the sum of Rs. 20,000/ . Ratio |
It will be seen that if the claims made, before each of the Authorities for the particular periods alone are taken into account, the total claims will be less than Rs. 20,000/ . Ratio |
It is really that claim which was the subject of consideration by the High Court in the writ petition. Ratio |
Is it open to the appellant to add to the original claim made by the workmen, the further amount calculated by it till the date of the judgment of the High Court and establish that as the total amount so arrived at is not less than Rs. 20,000/ , article 133(1)(b) can be invoked on the ground that the judgment of the Hi... |
Similarly, the claim for weekly off wages filed by another set, of workmen before the Third Additional Authority, even as per the appellant 's calculation was only Rs. 6675.84 p. Ratio |
The claim for over time wages and weekly off wages, each of them takes separately does not exceed Rs. 20,000/ . Ratio |
Though the appeals against the decision of the two Authorities were filed before the Court of Small Causes, it is to be noted that separate appeals were filed by different workmen and the appellant in respect of these two different categories of claims. Ratio |
Though the Court of Small Causes disposed of all the appeals by a common judgment, nevertheless the claim in respect of over time wages was dealt with apart and different from the claim for weekly off wages. Ratio |
Even before the High Court, though one writ petition was filed by all the workmen, the claims under two different heads for over time wages and weekly off wages were dealt with separately by the High Court. Ratio |
It is not as if that the reasons given by the High Court for upholding the claims for over time wages automatically resulted in the allowing of the claim for _weekly off wages also. Ratio |
In fact entirely different considerations apply for the two different sets of claims and that has been kept in view by the High Court. Ratio |
Though, ultimately, the High Court has delivered only a common judgment, nevertheless the decision related to two different sets of claims each having nothing in common with the other. Ratio |
Therefore, it was not open to the appellant to ask this Court to proceed on the basis that there was only one single and common claim dealt with by the High Court in its judg ment. Ratio |
Therefore, there was no question of any consolidation Of all the claims before the High Court. Ratio |
In this view it will be seen 939 that even according to the calculations made by the appellant, the value of the subject matter of the claim with respect to over time wages can only be the same as was before the Additional Authority, namely, Rs. 18221.25 p. which is less than Rs. 20,000/ . Ratio |
Similarly, the amount or value of the claim which was adjudicated upon by the High Court in respect of weekly off wages was also of the same value as Rs. 6675.84 p. as was the case before the Third Additional Authority, which claim is also less than Rs. 20,000/ . Ratio |
Therefore, considering the matter from this point of view, it is clear that the value of the subject matter of the claim before the High Court in respect of each of these matters was less than Rs. 20,000/ . Ratio |
The appellant, as mentioned earlier, has calculated at the same rate as claimed for over time wages and weekly wages, for subsequent years upto the date of the judgment of the High Court and has stated that so calculated the amount or value of the subject matter of the claim relating to weekly off wages exceeds Rs. 30,... |
Similarly, the amount or value of the subject matter of the claim of over time wages exceeds Rs. 20,000/ and hence it is stated that the judgment of the High Court involves directly or indirectly a claim or question respecting property of the value of Rs. 20,000/ and more. Ratio |
Mr. M. C. Bhandare, learned counsel for the respondents, in support of the application filed for revocation of the certificate has urged that before the High Court there was no claim or question arising for consideration excepting the subject matter of overtime wages and weekly off wages claim for a particular period b... |
No claim for any further period has been made by them; nor did it arise for consideration before either the Authorities, the Court of Small Causes or the High Court. Ratio |
Nor does such a claim arise for consideration in the appeal to this Court. Ratio |
There fore, he pointed out that the judgment of the High Court does not either directly or indirectly involve any claim apart from what was the subject matter of dispute between the parties. Ratio |
The High Court not having granted the certificate under article 133(1)(a), it follows that the amount or value of the subject matter of the dispute before it or on appeal to this Court was not Rs. 20,000/ or above. Ratio |
Clause (c) of article 133(1) also stands excluded as the High Court has not granted the certificate on the ground that the case is a fit one, for appeal to this Court, and as Mr. Sorabji, learned counsel for the appellant, has represented that he is not relying on that clause. Ratio |
In order to attract article 1 3 3 (1) (b), under which the certificate has been granted, the essential requirement is that there must be involved in the appeal to this Court a, claim or question respecting property of the value of not less than Rs. 20,000/ in addition to or other than the subject matter of the dispute.... |
In this case this condition is not satisfied. Ratio |
It is laid down in that decision as follows "The variation in the language used in cls. PRE |
(a) and (b) of article 133 pointedly highlights the conditions which attract the application of the two clauses. PRE |
Under el.(a) what is decisive is the amount or value of the subject matter in the court of the first instance and "still in dispute" in appeal to the Supreme Court : under el. PRE |
If in a proposed appeal there is no claim or question raised respecting property other than the subject matter, el. PRE |
(a) will apply; if there is involved in the appeal a claim or question respecting property of an amount or value not less than Rs. 20,000/ in addition to or other than the subject matter of the dispute el. PRE |
(b) will apply." From the facts stated in the above decision it is seen that the appellant therein pleaded oil an alternative; basis that the claim in the appeal; exceeded Rs. 20,000/ . PRE |
That alternative claim, was on the basis of adding interest at 6% per annum to his original claim as awarded by the trial court whose decree he wanted to be restored in the appeal. PRE |
not open to the appellant to plead that the valuation in the appeal exceeds Rs. 20,000/ . PRE |
From the decision, cited above, the following principles emerge (1) In order to attract article 133(1)(b) the property respecting which the claim or question arises, must be property in addition to or other than the subject matter of the dispute. Ratio |
(2) If in the appeal to this Court there is no question or claim raised 'respecting the property other than the subject matter, then cl.(a) of article 133 ( 1) will apply. Ratio |
941 (3) Adding future interest or possible further claims to the original value of the subject matter till the date of the judgment of the High Court, and which items are not the subject of consideration by the High Court will not enable a party to plead that the claim so calculated exceeds Rs. 20,000/ . Ratio |
This is not permissible as the addition of interest or calculation of further possible claims are all related only to the original subject matter, which is still in dispute. Ratio |
In A. V. Subramania Ayyar vs Sellammal(1), under s.110 of the Code of Civil Procedure it was pleaded that though the Subject matter of the dispute in the court of first instance was less, than Rs. 10,000/ , the final decree, of the High Court involved a claim to property of over Rs. 10,000/ in value. PRE |
This value at the relevant time was for purposes of appeal to the Judicial Committee of the Privy Council. PRE |
The appellant added the mesne profits, which according to him must be considered to have accrued subsequent to the date of the original claim made in the suit. PRE |
So adding, the appellant therein pleaded that the decision of the High Court must be considered as involving a claim to property of over Rs. 10,000/ in value. PRE |
Though, if the amount of mesne profits was added the value was over Rs. 10,000/ , the High Court rejected the plea on the ground that the claim for mesne profits has not been awarded by the decree, nor was it the subject matter of dispute in, the appeal. PRE |
It was further field that the decision of the High Court has not affected the rights of the appellant 'therein in any property other than the one that was the subject matter in dispute. PRE |
In this view, it was held that the judgment of the, High Court did not directly or indirectly involve any question to any property other than the subject matter of dispute. PRE |
On this grounds certificates was refused. PRE |
Mr. Sorabji, learned counsel for the appellant; accepted the principle that to attract article 133(1) (b)the property, referred to therein, must be property in addition to or other than the subject matter of the dispute. ARG |
In fact, lie cannot but accept this principle as it has been so laid down by this Court in Chhitarmal V. M/S Sheh Pannalal Chandulal(2). Ratio |
The counsel did not rely on article, 133 ( i)(a) or (e) for the purpose of this appeal. Ratio |
He jointed out that as laid down by this Court in the decision, referred to above, the expression "property" in article 133(1)(b) would also take in claims regarding money. Ratio |
He noticed out that the appellant in this case is prejudiced by the judgment of the High Court as it will have to face recurring liability in future at the hands of its workmen, on the basis of the claims made by them is over time wages and weekly off wages. Ratio |
It is that liability which the appellant will have to face Madras 843. Ratio |
(2) ; L1061 Sup CI/72 942 and which has been imposed upon it to its prejudice by the judgment of the High Court, that is sought to be got rid of in the appeal to 'this Court. Ratio |
As the recurring liability or claim will be more than Rs. 20,000/ the matter squarely falls under article 133(1)(b) and the certificate granted by the High Court is correct. Ratio |
Clause (b) of article 133(1) will be attracted even if the, judgment indirectly involves a claim in respect of property or money of not thin Rs. 20,000/ . ARG |
He referred us to the decision in Meghji Lakhamshi and Brothers vs Furniture Workshop(1) where the Judicial Committee had to construe article 3 (a) of the Eastern African (Appeal to Privy Council) Order in Council. ARG |
The latter part of this Article was as follows ". or where the appeal involves directly or indirectly some claim or question to or respecting, property or some civil right amounting to or of the said value or upwards. Ratio |
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