TOWN MUNICIPAL COUNCIL GOKAK Vs. MIRZABHAI A R

JUDGEMENT

(1.) Respondent 1 was an employee of the petitioner, the Town Municipal Council, Gokak, which purported to dismiss him from service on 9 December, 1957. He filed a suit against the petitioner praying for setting aside the said order of dismissal. In the Second Appeal No. 426 of 1961, arising out of that suit, this Court passed, on 8 January 1965, a decree declaring that the said order of dismissal was null and void. Thereafter, he made an application under S. 33C(2) of the Industrial Disputes Act, 1947, before the labour court claiming arrears of salary to the extent of Rs. 9,498,30. By its order, dated 4 May, 1966, the labour court held that he was entitled to receive that sum from the municipal council. Feeling aggrieved by the order, the municipal council has filed this petition under Arts. 226 and 227 of the Constitution.

(2.) Sri W. K. Joshi, learned counsel for the petitioners, assailed the order of the labour court on the following grounds :

(3.) We shall now examine these contentions. The plea of res judicata has no substance as the suit was only for setting aside the order of dismissal. No claim was made in that suit for arrears of salary and allowance and there was no decision in that suit on the question of claim for such arrears.