WAGES INCREASE.

Auckland Star, Volume LXIX, Issue 138, 14 June 1938, Page 12

WAGES INCREASE.

SEQUEL IN COURT.

CLAIM AGAINST CROWN.

DEFENCE FORCES' PAT.

(By Telegraph.—Press Association.)

WELLINGTON, Monday,

Whether the action Parliament took in 1936 to restore rates of remuneration to the 1931 level raised the pay of all members of the defence forces to what it used to be or affected only those who actually suffered the statutory cut in pay is a question in a case heard in the Supreme Court at Wellington to-day. It wasi stated that all members of the defence forces are affected, and that the sum involved is £30,000, but this the Crown's representative questioned.

The hearing was completed, but the procedure that had been taken having been questioned, it was adjourned sine die to enable the party taking action to decide whether to accept judgment on the case as it stood or to adopt another procedure.

The case was brought under the Crown Suits Act. Mr. Justice Quilliam was on the Bench. The petitioner was Harry Dudfield, plumber, of Wellington, for \yhom Mr. J. Dunn appeared, and the respondent the Crown, for whom the Solicitor-General, Mr. H. H. Cornish, appeared.

Dudfield's petition of right stated tliat on September 18, 1Q35, he enlisted as a gunner in the Royal New Zealand Artillery, a unit of the permanent forces, and served until he purchased hie discharge on January 19, 1937. From July, 1936. until September 17. 1936. he was paid at the rate of £149 8/ per annum and from September 18.193(1, until January 19. 1937, at £175 9/. Under the provisions of the Finance Act, 1936, he was entitled to payment for the period from July 1, 1936,* until September 17. 1936. at 12/ a day and for the period from September 18, 1936. until January 19. 1937. at 12/10 a day. The difference between the amount paid to him and the amount to which he was entitled was £35, which the suit was brought to recover.

On behalf of the Crown answer was made to the Court that the Act provided that if any question arose as to the application of the Act in this respect, the question should be decided by the Minister of Finance. The question had arisen as to the position of petitioner and the Minister had given his decision, certain increases in salary having been paid in accordance with it.