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1979 Supreme(Bom) 253

B.N.DESHMUKH, SUJATA V.MANOHAR
Pascoal D souza, H Petitioner – Appellant
Versus
Bombay Municipal Corporation And Another – Respondent


JUDGMENT - Deshmukh B.n.c.j. And Mrs. Manohar Sujata, J. : - This is a petition by the petitioner who is employed as a fitier in the Transportation Engineering Department of the B. E. S. T. Undertaking, run by the respondent No. 1 Bombay Municipal Corporation, against the order of rejection of his claim, made by the Presiding Officer, First Labour Court, Bombay.

2. The facts are not in dispute. The petitioner is admittedly a fitter in the Engineering Department, and, for the month of March 1973, his pay packet, after all the legitimate deductions, should consist of Rs. 317. The petitioner did go to the paying counter on the pay day in April and received a packet. It also appears that the petitioner had already signed a stamped receipt for Rs. 317 while he received the payment. There appears to be some dispute as to whether the pay packet was immediately opened or after some time. That is the factual aspect, in respect of which no evidence has yet been led. According to the petitioner, when he found that bis pay was less by Rs. 100, he went back to the cash counter, complained to the paying cashier, and also lodged a complaint with the higher officers. According to the respondent Cor



































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