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1964 Supreme(Mad) 489

VEERASWAMI
Lenox Photo Mount Manufacturing Company, Madurai – Appellant
Versus
Labour Court, Madurai, and Another – Respondent


Advocates Appeared: For

Judgment :-

Veeraswami, J.

This petition is to quash an order of the labour court, Madurai, made on an application filed by the respondent under S.33C(2) of the Industrial Disputes Act, 1947, for computation of retrenchment benefits and arrears of salary. The respondent claimed a total sum of Rs. 637.50 comprised of notice- pay at Rs. 85, retrenchment compensation at Rs. 127.50 and arrears of salary at Rs. 425 for the period from 1 February to 30 June, 1961. The petitioner contended that the respondent had voluntarily stopped from service and that therefore he would not be entitled to retrenchment compensation. The labour court found this point in favor of the petitioner but as regards the arrears of salary, the labour court found that the respondent would be entitled to arrears for the period from 1 February to 5 June, 1961, and that the petitioner was also entitled to a deduction of Rs. 30 from the arrears of salary for that period. On that basis, the labour court directed the petitioner to pay a sum of Rs. 321.33. The ground on which the petitioner impugns the order of the labour court is that it had no jurisdiction to make it. The argument is that the petitioners having raised a

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