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TMI Blog1952 (4) TMI 47X X X X Extracts X X X X X X X X Extracts X X X X ..... ie within a narrow compass and to appreciate the point that requires consideration in this appeal it will be convenient first of all to advert to a few relevant provisions of the Madras Act referred to above. The Act was passed in 1947 and its object, as stated in the preamble, is to provide for the regulation of conditions of work in shops and other establishments. Section 14 (1) of the Act sets a statutory limitation upon the working hours and lays down : Subject to the other provisions of the Act, no person employed in any establishment shall be required or allowed to work for more than 8 hours in any day and 48 hours in any week . 3. A proviso attached to the sub-section which by way of exception to the rule enunciated therein, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in a court of law . 8. The appellant is a limited company carrying on business in Madras, while the respondent is an association of clerical employees including those working under the appellant. On November 10, 1948, the respondent presented an application before the Labour Commissioner, Madras, under section 51 of the Shops and Establishments Act for decision of certain questions referred to in the petition which related to the rights and privileges of the employees of the appellant. The Commissioner issued a notice calling upon the appellant to appear and answer the contentions raised on behalf of the employees. The parties appeared before the Commissioner on 26 th November, 1948, and again on 16th December following when they wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fact the employees do work outside these business hours, for which they are not entitled to any extra remuneration provided the statutory limit of 8 hours a day is not exceeded. In the opinion of the Commissioner if the normal hours of work were previously fixed and strictly adhered to, the employees could have acquired a right or privilege to work only for such hours and they would be entitled to seek protection under section 50 of the Act against the imposition of longer hours without a corresponding increase emoluments. The Commissioner goes on to say that in such cases it would be sufficient if compensatory wages are paid at the ordinary rate calculated according to rule 10 of the Madras Shops and Establishments Rules for work in excess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... material facts and relevant provisions of law. Having given the matter our best consideration, we are of the opinion that the order of the High Court cannot be supported and that this appeal should be allowed. 14. The High Court seems to have based its decision on the ground that the Commissioner of Labour failed to answer the question raised by the association as to whether the company was entitled to require the employees to work more than six and half hours a day. According to the learned Judge, the Labour Commissioner was not right in holding that even if the working hours were fixed at six and half hours a day, the employees would be entitled to overtime wages only when the statutory hours are exceeded. 15. As has been pointed o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... within the jurisdiction of the Labour Commissioner to decide and it does not relate to anything collateral, an erroneous decision upon which might affect his jurisdiction. The records of the case do not disclose any error apparent on the face of the proceeding or any irregularity in the procedure adopted by the Labour Commissioner which goes contrary to the principles of natural justice. Thus there was absolutely no grounds here which would justify a superior court in issuing a writ of certiorari for removal of an order or proceeding of an inferior tribunal vested with powers to exercise judicial or quasi- judicial functions. What the High Court has done really is to exercise the powers of an appellate court and correct what it considered t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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