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1959 Supreme(All) 75

N.BEG
THE UPPER INDIA COUPAR PAPER MILLS CO. LTD. – Appellant
Versus
J. C. MATHUR – Respondent


Advocates Appeared:
Inayatullah, M.M.Gaur, Naimatullah, SURAJ SAHAI

NASIRULLAH BEG, J.

( 1 ) THIS is a plaintiffs first appeal. The suit out of which this appeal has arisen was filed by the upper India Couper Paper Mills Co. Ltd. , which is a company carrying on the business of manufacturing paper. The defendant in the suit was Sri J. G. Mathur, an employee of the company. The prayer in the plaint was that a decree for perpetual injunction be passed against the defendant restraining him from claiming or recovering any salary, wages etc. , from the plaintiff company for the period commencing from the 19th day of October, 1948, by getting any coercive process issued against the plaintiff company for toe realisation of any amount on account of such salary or wages as aforesaid, or otherwise. The plaintiff also prayed that costs of the suit or any other relief that the. Court might consider just and proper might be awarded to the plaintiff company.

( 2 ) THE background of facts which are not disputed by the parties and which have given rise to the present suit may be briefly stated at the outset. In the year 1948 the defendant was an employee of the plaintiff. At the relevant time the defendant was working as a shift foreman in the Soda recovery Plant












































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