U V BENDIKAR Vs. N G KULKARNI

JUDGEMENT

(1.) THIS reference is under sub-section (5) of section 21 of the Chartered Accountants Act, 1949 (for short 'the Act of 1949' ).

(2.) ONE Mr. U. V. Benadikar (for short 'the complainant') filed a complaint dated December 18, 1978 against Mr. N. G. Kulkami (for short 'the respondent') under section 21 of the Act of 1949.

(3.) THE complainant was articled clerk with the respondent for the period from June 15, 1976 to November 24, 1978. According to him he wanted to take transfer from the respondent but the respondent refused to sign on form No. 20-A. The complainant alleged that when he went to the respondent for signing Form No. 20-A the respondent orally told him that he would sign on Form No. 20-A only if he (the complainant) gave him receipts for receipt of stipend without receiving the same. The complainant refused to do so and consequently the respondent refused to sign Form No. 20-A. The complainant levelled three charges of misconduct against the respondent in his complaint namely (i) non-payment of monthly stipend for the period during which the complainant worked as article clerk with the respondent; (ii) refusal by the respondent to sign on Form No. 20-A when the complainant sought transfer, and (iii) the complainant was asked to work in excess of the prescribed working hours. The respondent denied the charges.