SHER SINGH VARMA Vs. RUP CHANDRA

JUDGEMENT

(1.) THE present writ petition is directed against the order of the presiding officer, labour court, Delhi, made on the application of Tapeshwari Dass, respondent 2, under Section 33c (2) of the Industrial Disputes Act against the petitioner. On 20 December 1963, Tapeshwarl Daas (hereafter referred to as respondent) made the aforesaid application claiming that he had been In employ of Sher Singh and Sons, of which Sher Singh (hereafter referred to as the petitioner), is alleged to be the sole proprietor. The respondent farther claimed In his application that ha had been In the employment since April 1933 and his wages were Es. 250 per mensem. Ha alleged that the management closed the establishment in the month of August without any notice to the applicant and the petitioner had failed to pay the dues as required under Section 25fff of the Industrial Disputes Act, 1947. The respondent) therefore, claimed Re. 3,375 as under: (1) Retrenchment compensation at the rate of 15 days' wages per mensem for 26 years' service?rs. 3,125. (2) Notice-pay for one month?rs. 250.

(2.) ON these facts the respondent prayed in MB application under Section 330 (2) that the Court may compute the amount due to him. The petitioner was called upon to file a reply In which he, inter alia, stated as under:

(3.) ON the above facts, the labour Court framed the following three issues: