Sinha, J.

1. This is an application by the petitioner, Manager of Messrs B.A. & Brothers, a firm having its head office at 2 and 3 Clive Row, Calcutta, which sells and supplies patent medicines and other medicinal preparations, and the petitioner is in sole and exclusive charge of the Patna Branch of the said firm. On the 5th of February, 1948, petitioner 2 had been appointed as a clerk in the office of the said branch at Patna on a salary of Rs. 50.00 per month. The services of the said clerk had to be dispensed with with effect from the 26th September, 1951, when he was given full salary for the month of September as also one months further salary in lieu of notice, and the said clerk after getting the payment granted a receipt as token of final settlement. On the 22nd of October, 1951, the said clerk, opposite party 2, filed an application before the Assistant Labour Commissioner, Bihar, Patna, requesting him to look into the matter and do the needful.

On the 15th of March, 1952, a notice was issued to Messrs B. A. & Brothers, Patna, from the office of the Assistant Commissioner of Labour, Patna, informing him that the Conciliation Officer and Assistant Commissioner of L