Reference has been made by Mr. Agarwal to the decision of
this Court in the case of Bombay Gay Co. Ltd. v. Jagan Nath
Pandurang & Anr.(3). The respondent in that case filed
applications under the Payment of Wages Act claiming
overtime wages for the period 1957 to 1958 and wages for
weekly off days for the period 1962 to 1963, The appellant
filed appeal to this Court against the judgment of the High
Court setting aside the order of the appellate authority
holding the claim to be time-barred. The appeal was filed
on the basis of a certificate under article 133(1)(b). It
was held that the certificate issued by the High Court under
article 133(1)(b) was not proper. Question was posed in
that case that the, certificate could be granted under the
above clause as there was a recurring liability which if
calculated for subsequent years would come to Rs. 20,000 or
more. This Court was not impressed with the above argument.
The said case
(1) [1965] 2 SCR 751.