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1959 Supreme(Cal) 92

P.B.MUKHARJI
ALEX. A. APCAR (JR. )AND CO. – Appellant
Versus
M. N. GAN – Respondent


Advocates Appeared:
Debi Prasad Pal, LALA HEMANTA KUMAR, PRODYOT KUMAR BANERJI, Sudhir Kumar Dutta

P. B. MUKHARJI, J.

( 1 ) THIS is an application by Dinesh Vrajlall described as the proprietor to Alex. A. Apcar (Junior) and Co. under Article 226 of the Constitution for a writ of certiorari challenging the decision of the Fourth Industrial Tribunal dated 1-6-1957. The point before the Industrial Tribunal was :"is the discharge of Sri Ram Sundar Mitra justified? To what relief is he entitled? The Industrial Tribunal came to the conclusion that the employee was discharged without notice with effect from May 24, 1956 and that such discharge amounted to retrenchment for which the discharged employee was entitled to compensation at the statutory rate. He, therefore, allowed him compensation under Section 25f of the Industrial Disputes Act by ordering (1) one month's notice pay at the rate last drawn; (2) four months' pay i. e. 15 days' average pay for each completed year of service; and (3) admitted dues on account of unpaid salary according to the Company's written statement, i. e. Rs. 47/10/6 pies. "

( 2 ) ON behalf of the petitioner, this award is challenged on the ground that the period of service taken from 1947 has not been correct. The petitioner joined the business of Alex.



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