D P MAHESHWARI Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) The appellant was appointed by M/s. Toshniwal Brothers Private Limited (hereinafter referred,as the .respondent-company) as an Accounts Officer in August, 1964. The salary of the appellant was fixed at Rs. 600.00 in the grade of Rs. 600-50-800. The appointment had been made pursuant, to an application dated 26th .March, 1964 submitted by the appellant. In the said application the appellant had described himself as M. Corn, LL, B. with special proficiency in Company Accounts and Audit, Income-tax law, statistics, organization, business marnagement etc. In April, 1965 the appellant was designated as an officer oh special duty. In 1966 he was transferred on deputation as Secretary to the Industrial Service Bureau, a service of consultancy organisation in which the Joiat Managing Director of the respondent-company was interested. In the year 1968 the appellant was appointed as Stores Purchase Officer. He was also required to look after the legal department and was to draw a salary of Rs. -800.00 per month.

(2.) The appellant was transferred to Madras as Administrative Officer in August, 1969. His services were terminated on July 28, 1969 allegedly on the ground of difference between the appellant and the Joint Managing Director of the respondent company. These differences were alleged to be relating to certain extra employment activities of the appellant or his trade union involvement and also on account of his failure to reportnat Madras. The appellant, claiming himself to be a workman within the meaning of Section 2(s) of the Industrial Disputes Act, raised a dispute with regard to the validity of the termination of his service. The Lt. Governor made a reference under Section 10(1)(c) read with Section 12(5) of the Industrial Disputes Act, 1947 to the Labour Court. The term's of reference were as follows:

(3.) On the pleadings of the parties the Additional Labour Court framed the following Issues :