ADAISWAR LAL Vs. LABOUR COURT, DELHI AND ORS.

JUDGEMENT

(1.) This writ petition has been filed by Adaishwar Lai, proprietor of firm, M/s Dhumi Mai Dharam Dass, praying for the issuance of a writ of certiorari quashing an order, dated 13-12-1959, passed by Shri E. Krishnamoorthy, Judge, Labour Court, Delhi, in Labour Court Application No. 186 of 1959, on his file. The respondents in the writ petition are (1) the Labour Court, Delhi; (2) the State of Delhi through the Chief Commissioner, Delhi State; and (3) Shri Sham Lal.

(2.) The business of the firm, Dhumi Mai Dharam Dass, was originally a joint Hindu family business wherein tire petitioner and his other collateral's were members, The said joint family business was dissolved in or about the year 1958, and thereafter the petitioner became the sole proprietor thereof, and he has been running the said business under the name and style of M/s. Dhumi Mai Dharam Dass, which was registered under the Delhi Shops and Establishments Act No. VII of 1954.

(3.) Respondent No. 3 was originally employed with the old joint Hindu family concern from 1-4-1948 to 10-8-1958. On 10-8-1958, he was employed by M/s. Paper Specialities Manufacturing Company. He resigned the said post on 29-11-1958. He was then employed by the petitioner on 1-12-1958 as is evidenced by Annexure 'B', the letter of appointment given by the petitioner herein to respondent No. 3. It was stated in that letter that the service rendered by respondent No. 3 in the undivided firm was taken into account from the date of his appointment therein i. e. 1-4-1948, and that his service will be treated as eontinous from that date.