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1955 Supreme(Mad) 27

KRISHNASWAMI NAYUDU
N. Venkatavaradan – Appellant
Versus
Sembiam Saw Mills, Sembiam, Madras – Respondent


Advocates Appeared:
S. Krishnamurthi, for Petitioner; John and Row, for Respondents.

Judgement

ORDER : -This revision is against the order of the Chief Judge, Court of Small Causes, Madras, dismissing an appeal by the petitioner under S.17(1) (b) of the Payment of Wages Act, 4 of 1936.

2. The petitioner was employed as a stenographer with the respondents, the Sembiam Saw Mills Ltd., on a salary of Rs.85 per month and a dearness allowance of Rs.35. Early in December 1950, he applied for leave for a week, which was sanctioned. But before the expiry of the week he wrote to the respondents that he extended his leave by a further period of one week. The respondents informed him by their letter dated 11-12-1050 that he should join duty on or before 13-12-1950.

The petitioner states that he received that letter only on 17-12-1950, and in reply he wrote a letter stating that he was extending his leave by another fortnight from the 18th December. On 3-1-1951, after the reopening of the Mills in the new year, the petitioner presented himself for work and on that day the respondents paid his salary till 31-12-1950, and intimated him that he was under suspension pending enquiry into his conduct for having continued to absent himself without permission.

There was an enquiry and he














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