The appellant filed Writ Petition No.
The other companytentions urged before the leaned Single Judge were number companysidered by the Division Bench in the view it took later on.
1623 of 1980 challenging the order of reference.
The said application was dismissed on 31st of July 1979 on the ground of limitation.
1 was a workman and in granting relief on that basis.
There was thereafter a reference under section 10 of the Act on 8.8.80 arising out of the dismissal of the respondent.
The appellant filed another writ petition being Writ Petition No.
Aggrieved by the aforesaid orders the appellant has companye up in these appeals before this Court.
From the Judgment and order dated 17.10.
The appellant companypany objected.
The Labour Court on 2nd of August, 1979 held that the respondent was doing clerical duties and as such was a workman under the Act and he was entitled to Rs.2,060 as salary from 1.1.78 to 9.3.78.
Two writ petitions of the appellant were dismissed and the writ petition of the respondent was allowed.
Dr. Shankar Ghosh, N.C. Shah and Praveen Kumar for the Appellant.
996E CIVIL APPELLATE JURISDICTION Civil Appeal Nos.3521 3523 of 1987.
Since prior to Ist of January, 1978 the respondent No.
The main ground of objections was that the respondent was number a workman.
All these aforesaid writ petitions were disposed of by the learned Single Judge of the Rajasthan High Court on 16.3.82 holding that the respondent was number a workman.
The respondent thereafter on 2nd of January, 1979 filed an application under section 28A of the Rajasthan Shops Establishments Act, 1958 hereinafter called the Rajasthan Act .
1986 of the Rajasthan High Court in D.B. Civil Special Writ Appeals Nos.
1091 of 1979 for declaration that he was entitled to receive Rs.2,066.98 as salary from 9.3.78 to 30.4.78.
The appeals are disposed of by the judgment herein.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. After hearing parties and after companysidering the relevant documents, additional as well as original, we grant leave to appeal in these matters.
765 of 1979 in the Rajasthan High Court against the order of the Labour Court allowing the said salary.
27,28 of 1983 and 224 of 1982.
Tapas Ray, S.K. Jain, Mrs. P.Jain and S. Atreya for the Respondents.
1 Shri Kishan Bhageria was working under the appellant companypany as an Internal Auditor on a monthly salary of Rs.1186.60 per month.
The respondent also filed another writ petition being writ petition No.
On or about 9th of November, 1978 there was an order dismissing the respondent from service.
The appellant alleged that the respondent started absenting himself from 28.1.78 and as such was number entitled to any salary for any period beyond 28.1.78 The said respondent was thereafter placed under suspension on 30th of March, 1978.
The respondent on 4th of May, 1978 filed an application under section 33C 2 of the Industrial Disputes Act, 1947 hereinafter called the Act claiming the total sum of Rs.4,746.40 on account of salary from Ist of January, 1978 to 30th of April, 1978 at the rate of Rs.11,86.60 per month.
