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1987 Supreme(SC) 849

SABYASACHI MUKHARJEE, G.L.OZA
National Engineering Industries LTD. – Appellant
Versus
Kishan Bhageria – Respondent


Advocates:
N.C.SHAH, P.JAIN, PRAVIN KUMAR, S.K.JAIN, SHANKAR GOPAL PAGIRE, TAPAS RAY

Judgment

SABYASACHI MUKHARI, J.:- After hearing parties and after considering the relevant documents, additional as well as original, we grant leave to appeal in these matters. The appeals are disposed of by the judgment herein.

2. Since prior to 1st of January, 1978 respondent 1 Shri Shri Kishan Bhageria was working under the appellant-company as an Internal Auditor on a monthly salary of Rs. 1186.60 per month. On 28th of January, 1978 the appellant alleged that the respondent started absenting himself from 28-1-78 and as such was not entitled to any salary for any period beyond 28-1-78. The said respondent was thereafter placed under suspension on 30th of March, 1978. The respondent on 4th of May, 1978 filed an application under S. 33C(2), Industrial Disputes Act, 1947 (hereinafter called the Act) claiming the total sum of Rs. 4,746.40 on account of salary from 1st of January, 1978 to 30th of April, 1978 at the rate of Rs. 1,186.60 per month, The appellant-company objected. The main ground of objections was that the respondent was not a workman. On or about 9th of November, 1978 there was an order dismissing the respondent from service. The respondent thereafter on 2nd of January,
























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