Judgement

DUA, J.:- Facts necessary for understanding the short but important point arising for decision in this appeal by special leave are these :

The appellant is a company incorporated under the Companies Act, 1956 with its registered office in New Delhi. Its entire share capital has been subscribed by the Central Government. Pritam Singh Gill, respondent No. 1, in this appeal was employed by the appellant as Junior Engineer at its Bhopal office with effect from the 9th November, 1962 at Rs. 280/- p.m. as basic salary with other allowances. On October 5, 1964 he was suspended and this order of suspension remained in force till September 18, 1967. He was dismissed from service on September 19, 1967. During the period of suspension on October 7, 1965, the respondent was transferred to Delhi. On June 15, 1968 the respondent applied to the Labour Court at Delhi under Sec. 33C (2) of the Industrial Disputes Act, 1947 (hereinafter called the Act) for computing the benefits and amounts he was entitled to receive alleging that the appellant had not paid to him such amount and benefits. The appellant contested the respondent s claim on various grounds. The Labour Court framed the followin