BHASKAR MUKHERJEE Vs. NILMONI NATH

JUDGEMENT

(1.) This is an unfortunate litigation between a driver of motor cars and trucks and his employers having its foundation on a certificate of character given by one of the employers to which I shall refer later. The driver is the respondent in this appeal, and he was the plaintiff in the Trial Court. The employers Bhaskar Mukherjee and his son Prabir Mukherjee, who are appellants in this appeal were defendants in the Trial Court.

(2.) The suit of the plaintiff was a simple one. He prayed for recovering a sum of Rs. 1050/-from the defendants on the allegation that ha had been employed by them on a salary of Rs. 125/-per month, and salary for seven months from January, 1950, to July, 1950, remained due. The plaintiffs case was that he was entitled to recover this amount and also the salary for the month of August, 1950, as no notice of discharge was given to the plaintiff. A sum of Rs. 50/- was also claimed as compensation for loss of dress and beddings in the course of business.

(3.) The suit was contested by the two defendants who filed separate written statements. The main defence of defendant no. 1 Bhaskar Mukherjee was that he was not the employer, but the other defendant, his son, was the employer. The defence of defendant No. 2 was that the plaintiff was in his service up to 28th February, 1950. The plaintiff was directed to proceed to Orissa in connection with a business of defendant no. 2, but he refused to go to Orissa and absented himself from duty from 1st March, 1950, End thereby terminated his service voluntarily. It was further the contention of defendant No. 2 that excepting a sum of Rs. 25/- all other dues of the plaintiff up to February, 1950, had been paid.