LAWS(MAD)-1980-6-6

A RAMASWAMY IYER Vs. BHUVANESWARI PULVERISING MILLS MADRAS

Decided On June 23, 1980
A. RAMASWAMY IYER Appellant
V/S
MANAGEMENT OF BHUVANESWARI PULVERISING MILLS, MADRAS Respondents

JUDGEMENT

(1.) THE petitioner was employed as a general assistant in the Bhuvaneswari Pulversing Mills, a partnership firm from 11th September, 1973 on a monthly salary of Rs. 250 which was subsequently raised to Rs. 300 per month. In 1974 one of the partners of the firm tiled O.S.No.4710 of 1974 on the file of the City Civil Court, Madras for dissolution and rendition of accounts. Pending disposal of the suit, an advocate-receiver was appointed to manage and carry on the business of the firm.

(2.) ON 31st March, 1975 the advocate-receiver without any justification terminated the services of the petitioner with effect from the 1st April, 1975 on ground of economy. However the receiver employed one Rengachari after terminating the services of the petitioner.

(3.) THE question that arises for consideration therefore is whether the petitioner was bound to obtain the leave of the Court which appointed the receiver before raising an industrial dispute.