HATIM ALI Vs. R.R. BHAVSAR AND ORS.

JUDGEMENT

(1.) The petitioner was working as a Cook with respondent No.2, for one year and thereafter on 17th June 1982, he had proceeded on one month's sanctioned leave for his daughter's wedding. When he returned on 17th July, 1982, respondent No.2 did not allow him to resume his duties with the result that he had to raise an industrial dispute for his reinstatement and back wages.

(2.) In the reference which was made by the Government under the Industrial Disputes Act 1947, the petitioner filed a statement of claim in which he made clear averments that he had worked with respondent No.2 employer for a period of one year and his last drawn salary was Rs.390.00 per month in cash and in addition he was also provided with free food. The value of the food was calculated at Rs.76.50 P. per month as per the Notification under the Minimum Wages Act applicable to hotel industry and (respondent No.2 is undoubtedly an hotel industry). The petitioner, thus, stated that his total wages at the time of the termination of his services was Rs.466.50 P. per month.

(3.) Respondent No.2 did not choose to appear and file its written statement. Thereafter, the petitioner filed an affidavit swearing the same facts which were stated in the statement of claim and in particular he reiterated his aforesaid claim that he was working for one year and that his total monthly wages were Rs.466.50 P.