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1959 Supreme(Mad) 205

SUBRAHMANYAM
G. Mohana Krishna Naidu – Appellant
Versus
The National Bank of India Ltd. , by its Manager, Madras – Respondent


Advocates:
S. Mohan Kumaramangalam and K.V. Sankaran, for Appellant.
O.T.G. Nambiar instructed by M/s. King and Partridge, for Respondent.

Judgment.-

The plaintiff appeals from the judgment and decree of the City Civil Judge, Madras, dated 28th February, 1956 in O.S. No. 1222 of 1954 on his file. The plaintiff was employed as a clerk in the defendant-bank. On 29th June, 1951, the plaintiff was served with an order that his services were terminated with immediate effect. He had been in the service of the bank from 1939 and was, in the matter of removal from service, entitled to the protection granted by section 41 of the Madras. Shops and Establishments Act, 1947. Section 41 is in these terms:

“(1) No employer shall dispense with the services of a person employed continuously for a period of not less than six months, except for a reasonable cause and without giving such person at least one month’s notice or wages in lieu of such notice, provided, however that such notice shall not be necessary where the services of such person are dispensed with on a charge of misconduct supported by satisfactory evidence recorded at an enquiry held for the purpose.

(2) The person employed shall have a right to appeal to such authority and within such time as may be prescribed either on the ground that there was no reasonable cause for di


















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