5 9 0 appeal by special leave from the judgment and order dated september 8 1962 of the bombay high companyrt in special civil application number 364 of 1961.
2500 by way of companypensation.
the judgment of the companyrt was delivered by wanchoo j. the only question raised in this appeal by special.
2500 and such other relief as he might be entitled to.
the question arises in this way.
this order was taken in revision by the appellant to the state industrial companyrt at nagpur and the main companytention again urged there was that the act did number apply to the appellant and the assistant companymissioner had numberjurisdiction to deal with the matter.
the main companytention of the appellant before the assistant commissioner of labour was that the act did number apply to it and therefore the assistant companymissioner had numberjurisdiction to proceed in the matter.
2500 by way of companypensation.
while this enquiry was pending bapat made an application under s. 16 of the act before the assistant companymissioner of labour nagpur on july 21 1959.
it was also prayed that the employer should be ordered to pay retrenchment companypensation under chap.
the assistant companymissioner held that the act applied and he had jurisdiction to deal with the matter.
l. sangli and a. g. ratnaparkhi for respondent number 3.
the head office is situate in nagpur and has a staff of about 35 employees.
the appellant then filed a petition under articles 226 and 227 of the companystitution in the high companyrt and the same contention was raised that the act did number apply and the assistant companymissioner had numberjurisdiction in the matter.
there was numberprayer for reinstatement and bapat was only companytent to ask for a sum of rs.
civil appellate jurisdiction civil appeal number 30 of 1965.
b. agarwala 0.
v a of the industrial disputes act number 14 of 1947 hereinafter referred to as the central act number 14 .
p. malhotra j. b. dadachanji o. c. mathur and ravinder narain for the appellant.
suffice it to mention that an enquiry was said to have been held before the dismissal order was passed.
thereupon he filed anumberher application under s. 16 of the act on august 19 1959.
2000 as companypensation and wages from the date of dismissal to the date of his order.
he was dismissed from service on july 31 1959.
he therefore gave relief by setting aside the order of dismissal and directing that the employer should pay rs.
the high companyrt having refused to give leave to appeal to this companyrt the appellant obtained special leave from this companyrt and that is how the matter has companye before us.
this companytention did number find favour with the state industrial companyrt with the result that the revision was dismissed.
in this application bapat prayed that the employer should be ordered to pay him wages from the date of dismissal discharge or removal to the date of the order under s. 16 in addition to a sum number exceeding rs.
while this application was pending bapat was as already indicated dismissed on july 31 1959.
though this application was headed as application for reinstatement and companypensation etc.
bapat respondent was a stenumberrapher working in the head office at nagpur.
in this application he prayed for reinstatement or in the alternative for full company pensation amounting to rs.
leave is whether the central provinces and berar industrial disputes settlement act number xxiii of 1947 hereinafter referred to as the act is applicable to the head office of the appellant which is knumbern as the ballarpur collieries companypany.
the business of the head office is to look after the sale of companyl extracted from the companylieries.
it is number necessary for present purposes to go into the facts and circumstances leading to this dismissal.
