Judgment

SARKAR, J. : The respondent was employed as a mistry in a telephone workshop belonging to the appellant, the Union of India. There appears to have been a strike in the workshop and thereafter on July 9, 1949, for what reason it does not appear from the record, the respondent was put under detention under the Bombay Public Security Measures Act. On July 21, 1949, the manager of the workshop suspended the respondent from duty with effect from the date of his detention. The order of suspension stated that the respondent was not entitled to any subsistence allowance during the period of suspension. On March 29, 1950, the manager passed in order terminating the service of the respondent with effect from July 9, 1949, the date on which he was suspended. He was given one month s pay in lieu of notice. The respondent was released from detention on October 25, 1950, by an order made by the High Court at Bombay. He had been in detention from July 9, 1949, till October 25, 1950, during which period the orders suspending him and terminating his service were passed.

2. After his release, the respondent started proceedings under the Payment of wages Act for arrears of his dues from the ap