RASIKLAL CHUNILAL DHRUVA Vs. MAHESHWARI MILLS LIMITED

JUDGEMENT

(1.) This appeal arises out of the judgment and decree of the learned Judge City Civil Court Ahmedabad in Civil Suit No. 88 of 1964 which was dismissed by him with costs on 20th June 1966. The facts of the above suit were in brief as under. The appellant-plaintiff joined the defendant company on 17th March 1948. He was working as an Assistant Spinning Master in the above Company. His services were terminated on 6 February 1961. According to the plaintiff as he had completed 13 years of service in the defendant company be was entitled to the payment of gratuity on the basis of the award referred to in the suit. He was entitled to receive gratuity at the rate of 3/4th of his pay per year. He sought to recover Rs. 4750.00 as gratuity and Rs. 900.00 in lieu of leave for two months. The total amount claimed by him came to Rs. 5650.00.

(2.) The defendant by its written statement Ex. 23 denied the suit. It was its contention that during the period from 1st December 1956 to March 31 1958 he was not serving with it. As he had not completed 13 years of service he was not entitled to claim any amount from it. It had further contended that as the plaintiff was not an employee within the meaning of sec. 3(13) of the Bombay Industrial Relations Act 1946 he was not eligible to claim the benefit of the award in question that the suit was barred by limitation and that the civil court had no jurisdiction to hear the suit.

(3.) The learned trial Judge has dismissed the suit and being aggrieved by his decision the plaintiff has come in appeal. ...... ........ ........ ............