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1957 Supreme(Pat) 109

V.RAMASWAMI, RAJ KISHORE PRASAD
Sree Behariji Mills Ltd. – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This is an application made on behalf of the petitioner, Sree Behariji Mills Ltd., for grant of a writ under Article 226 of the Constitution for calling up and quashing the certificate proceeding started against the petitioner in case No. 102 M. C. of 1955/56 pending in the Court of the Certificate Officer of Patna.

2. The petitioner is a Company incorporated under the Indian Companies Act and owns and runs Flour, Oil, Rice and Dal Mills in Mahalla Bharatpur Simri of Patna City. Opposite parties 5 to 12 were employed by the petitioner in the working of the Mills, but on account of old age and ill-health they became unfit for work. The case of the petitioner is that a notice was given to opposite parties 5 to 12 saying that they would retire with effect from the 1st. March 1955, on payment of one months salary in lieu of notice and gratuity according to the terms of settlement arrived at between the management and the workmens Union. Opposite party No. 4 is Patna City Mazdoor Union and its case is that the retirement of opposite parties 5 to 12 was unauthorised and it was really a case of retrenchment and under Sec.25-F of the Industrial Disputes Act the workmen were enti















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