SHANABHAI DESAIBHAI PATEL Vs. CHHOTABHAI SHANKERBHAI

JUDGEMENT

(1.) The plaintiff-appellant was appointed as an Accountant by deceased defendant No. 1 Chhotabhai Patel on a monthly salary of Rs. 150/on 17th July 1959. Deceased Chhotabhai was the manager of three other firms who were impleaded as defendants Nos. 2 3 and 4 in Civil Suit No. 41 of 1965 filed by the plaintiff-appellant in the City Civil Court ahmedabad. He was also appointed as an Accountant in defendants Nos. 2 3 and 4 firms each of whom paid salary separately to the plaintiff. The second defendant was paying him a salary of Rs. 100/per month. Each of defendants Nos. 3 and 4 was paying him Rs. 75/per month. According to the plaintiff the first defendant who was also managing the affairs of the remaining three defendants terminated his services on 7th August 1964 without assigning any reasons or holding any inquiry. The above order of the defendants was in contravention of the provisions of sec. 66 of the Bombay Shops and Establishments Act 1948 (hereinafter referred to as the Act) and hence the order terminating his services was null and void. He therefore filed the above suit to obtain a declaration that the order in question was illegal null and void and that he continued to be in service of the defendants.

(2.) The defendants contested the above suit. It appears from the purshis given by the learned advocate for the defendants in the trial court that the contention that the Civil Court had no jurisdiction to hear the suit was given up at the trial. The learned trial Judge framed the follow ing issues as preliminary issues:

(3.) It is not disputed that the services of the plaintiff were terminated without giving him any notice or wages in lieu of notice or holding any inquiry. In the trial court the above order of the defendants was challenged only on the ground that it was in contravention of the provisions of sec. 66 of the Act. The provisions of the above section which are relevant for the purpose of this appeal are:- No employer shall dispense with the services of an employee who has been in his continuous employment