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1950 Supreme(Mad) 331

VISWANATHA SASTRI, P.V.RAJAMANNAR
The Manager, United Commercial Bank, Ltd. , Mathurai. – Appellant
Versus
The Commissioner of Labour, Madras. – Respondent


Advocates:
K. Umamaheswararn and A. Kuppuswami for Petitioner.
V. Ramaswami Aiyar and The State Counsel (John and Row), for Respondent.

The Chief Justice.- This application for the issue of a Writ of Certiorari to quash an order of the Commissioner of Labour, Madras, has been filed in the following circumstances. C.G. Sarma, the second respondent herein was an employee of the United Commercial Bank, Ltd., at its Mathurai branch. His services were dispensed with by the bank on 30th June, 1949 on the ground that he misbehaved towards a respectable constituent to the Bank and that this conduct both inside and outside the office was extremely unsatisfactory. He preferred an appeal against this order of dismissal to the Commissioner of Labour, Madras, under section 41 of the Madras Shops and Establishments Act of 1947 (hereinafter referred to as the Madras Act). That section runs thus:

“41. (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 inqu
































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