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1955 Supreme(All) 94

MEHROTRA
Noor Ali – Appellant
Versus
Kanpur Omnibus Service Ltd. – Respondent


Advocates:
M.H. Beg, for Applicant; J. Swarup, for Opposite Party.

JUDGMENT : - This is a plaintiffs application in revision against the order of the Small Cause Court, Kanpur, dismissing the plaintiffs suit on the ground that the suit is barred by limitation.

2. The facts briefly are that the plaintiff was an employee of the Kanpur Bus Service Ltd. He was suspended by the management on 3-9-1947 on account of some theft which took place in the premises of the defendant. He was subsequently prosecuted but on 16-7-1948 he was acquitted. On 27-8-1948 after his acquittal he was reinstated by the management. Thereafter the plaintiff brought the present suit for recovery of his arrears during the period of suspension, namely from 3-2-1948 to 26-8-1948. The case set up by the plaintiff was that subsequent to his acquittal he made several applications to the defendant asking for the payment of his wages for the period of suspension but no redress was given to him. Thereafter he took the matter to the Labour Commissioner on 17-8-1848 under S.15, Payment of Wages Act. Ultimately on 6-12-1948 the Labour Commissioner refused to adjudicate upon the matter and directed the plaintiff to file a suit in a Court of Law. On these facts the present suit was brought an





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