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1968 Supreme(MP) 84

P.V.DIXIT, G.P.SINGH
HIRA MILLS LTD BY MANAGER – Appellant
Versus
MUKUND SONUBHAIYA PANDIT – Respondent


JUDGMENT :

( 1. ) THE circumstances in which this application under Articles 226 and 227 of the Constitution for the issue of a writ of certiorari for quashing a decision of the industrial court is filed are that respondent 1, Mukund, was employed as a permanent clerk in the petitioner-mills. The management held an enquiry against him on the charge of disobedience of an order of the management directing him to work in the provident fund section on 9,11 and 12 September 1962. As a result of the enquiry, Mukunds services were terminated with effect from 3 March 1963 after giving him one months notice-pay. On 5 March 1963, Mukund received from the petitioner-mills the salary amount due to him as well as the amount of gratuity and passed a receipt in favour of the petitioner in the following words :- Received the sum of Rs. Rs. 2,360. 66 (in words, two thousand, three hundred and sixty rupees and sixty-six naye paise only ). Received in full and final payment of all my claims.

( 2. ) ON 24 March 1963, Mukund delivered to the petitioner a letter of approach as required by the proviso to Section 31 (3) of the Madhya Pradesh Industrial Relations Act, 1960, questioning the validity of his di









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