High Courts

In Re: Domestic Servants

Calcutta High Court · Decided on 10 July 1869 · Citation: (1869) 07 CAL CK 0034

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Judgment

3 paragraphs · 153 words

L.S. Jackson, J.—We are of opinion that Act XIII of 1859 does not apply to contracts to serve as domestic servants, and that the proceedings of the Deputy Commissioner, sitting as Magistrate in the two cases before us, were erroneous. To bring any person under the operation of the Act, it must be shown that be has contracted to serve as an artificer, workman, or laborer.

2.

This was not shown in either of the cases before us : on the contrary, the agreement produced was for "chakri," which usually means domestic or personal service, and not service of the kind referred to in the Act.

3.

The accused, Sukura, was sentenced to rigorous imprisonment for one month. The sentence must be reversed. The accused, Subhai, agreed to complete the remainder of his service, and a recognizance to that effect was taken from him. This recognizance must be quashed as taken without authority.