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1960 Supreme(P&H) 20

S.S.DULAT, D.K.MAHAJAN
Shree Gopal Paper Mills Ltd. – Appellant
Versus
Ram Labhaya Mal – Respondent


Judgment

S.S.Dulat, J.

1. Shri Ram Lubhaya Mal was employed as a clerk with Shri Gopal Paper Mills Limited. On 6-10-1956 the management terminated his service but, as an industrial dispute was at that time pending this order could not legally take effect unless permission from the Industrial Tribunal concerned was obtained, and for this purpose the management made an application to the Industrial Tribunal on 6-10-1956. That application remained pending before the Tribunal and was finally granted on 17-6-1957; meanwhile on 16-1-1957 Ram Lubhaya Mal filed an application before the authority for the payment of wages under S. 15 of the Payment of Wages Act, 1936, for a direction that his wages of three months of October, November and December, 1956 should be paid. By the time his application came up for decision, which was in August 1957, the Industrial Tribunal had accorded its permission to the dismissal of Shri Ram Lubhaya Mal, and it was, therefore, contended on behalf of the management that the Industrial Tribunal having accorded permission to the dismissal of Shri Ram Lubhaya Mal, no wages were due to him for October, November and December, 1956, and he must be deemed to have been















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