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1964 Supreme(Bom) 21

V.G.WAGLE, N.L.ABHYANKAR
S. H. Motor Transport Co. – Appellant
Versus
Motilal. – Respondent


JUDGMENT - Abhyankar, J.

(1) This is an application under Article 226 of the Constitution for quashing the orders of two authorities under C.P. and Berar Industrial Disputes Settlement Act. 1947. Respondent No.1 Motilal claimed to be an employee of the petitioner-company since November 1956. The Petitioner-company was doing the business of motor transport. According to Motilal, he was employed as a Checker by the company since 15-11-1956. His services were terminated orally from 1-6-1957 without any enquiry and without any justification. Motilal claimed that he was employed on a salary of Rs. 40/- per month and he was given Rs.3/- per day as bhatta to do work as a Checker. He, therefore, filed an application on 30th of October 1957 before the Additional District Magistrate,. who was the officer then empowered to exercise the powers of an Assistant Commissioner of Labour under section 16 of the C.P. and Berar Industrial Disputes Settlement Act, 1947. It appears, the petitioner remained absent at one hearing and the case proceeded ex parte. Thereafter the petitioner appeared and filed its written statement. Before that authority Motilal examined himself and was also cross-examined. On













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