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1959 Supreme(Bom) 52

K.K.DESAI
K. P. Shankerlingam – Appellant
Versus
Union of India and Anr – Respondent


JUDGMENT - In November 1926, the plaintiff was employed as an apprentice by the G. I.P. Railway on the terms and conditions contained in an agreement dated November 22nd, 1926. In April 1930, the plaintiff was promoted to the post of "A" Grade fitter. In April 1931 his services were retrenched, but he was again employed as from September 25th, 1931. The Plaintiff was promoted to the office of a Chargeman in 1940 and continued to hold that post till the impugned order of termination of his services.

By an order dated July 1st 1941 made by the Government of Bombay under the provisions of the Defence of India Rules, the plaintiff was detained. The plaintiff was however released from detention of July 25th, 1942. As from the date of his release the plaintiff continued to serve the Railway as Chargeman and was paid all his salaries for the period during which he was detained. By an order made by the Commissioner of Police Bombay on April 2nd, 1948 under the provisions of the Bombay Public Security Measures Act, the plaintiff was once again detained. That order of detention was challenged in this Court and before the hearing of the petition the order of detention was cancelled on March 17




























































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