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1961 Supreme(SC) 279

K.SUBBA RAO, M.HIDAYATULLAH, P.B.GAJENDRAGADKAR
Ganeshi Ram – Appellant
Versus
District Magistrate – Respondent


Advocates:
RAM BHEJALAL MALIK, S.C.Malik Sayeed Uddin, Sushma Malik, T.M.SEN, T.V.R.TATACHARI

Judgment

GAJENDRAGADKAR, J. : These three appeals arise out of three respective writ petitions filed by the appellants in the High Court of Judicature for Rajasthan challenging the orders passed by the authority under the Payment of Wages Act, 1936 (4 of 1936) (hereafter referred to as the Act) on their respective applications made before it. The appeals raise common questions of law and are based on substantially similar facts. We would, therefore, refer to the facts in Civil Appeal No. 331 where the appellant is Ganeshi Ram, and deal with the common question. Our decision in Civil Appeal No. 331 will govern the decision of the two other companion appeals.

2. The appellant was employed in the service of the then Jodhpur Railway. He was suspended from service on February, 3, 1950 and finally removed from service on February 24, 1950. He preferred an appeal against this order terminating his service, but it appears that while his appeal was pending the impugned older of removal from service was set aside on April 30, 1954 and he was reinstated on May 1, 1954. On the same day, however, he was resuspended and an enquiry was held against him. Eventually on December 7, 1954, he has been r











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