CHENNAKESAVULU NAIDU Vs. PADMANABHA NAIDU

JUDGEMENT

(1.) This revision raises rather a vital and important question, which is:

(2.) Shortly, the respondent herein filed a suit alleging that the petitioner-defendant was doing business in jaggery and oils at Chittoortown during the years 1971 to 1974 and that he was employed as Clerk under the defendant from 17-1-71 to the end of February, 1974. As per the agreement, the defendant agreed to pay a lumpsum amount of Rs.150/- per month in addition to Rs.3/- as daily allowance at the time of plaintiff leaving the job. He further submitted that he left the job with effect from 1-3-74 and that after waiting for some time, since, the defendart did not choose to pay the amount due, which is Rs. 5,400/-, he filed the suit.

(3.) In the written statement, while generally denying, the defendant averred that the plaintiff was never employed as Clerk under him and therefore, the question of leaving the job in March, 1974, nor payment of any money by way of salary or allowances did not arise.