S.WASIUDDIN, N.L.UNTWALIA
Calcutta Chemical Co. Ltd. – Appellant
Versus
D. K. Barman – Respondent
N.L.Untwalia, J.
1. The two Civil revision applications filed under Sec.115 of the Code of Civil Procedure by the Calcutta Chemical Company Limited and the application under Article 227 of the Constitution (C. W. J. C. 509/67) filed by the employee, Dipak Kumar Barman, arise out of the same proceeding before the Labour Court, Patna, under Sec.26 of the Bihar Shops and Establishments Act, 1953 Bihar Act 8 of 1954 (hereinafter called the Act), and hence all these three applications have been heard together and are being disposed of by this judgment. I shall deal with the preliminary objection raised on behalf of the employee as to the maintainability of the two civil revision applications as also the other points which fall for our decision in these cases after I have stated the relevant facts.
2. The Calcutta Chemical Company Limited has got its head office in Calcutta. It has got a branch office at Patna which is undisputedly registered as an establishment under Sec. 6 of the Act. Barman was employed as a salesman in the Patna branch of the Company. He seems to have been so employed on 28-8-1961. On 7-9-1964, Barmans case is that he fell ill and applied for three days sick
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