RANA BAHADUR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the parties and perused the records, as well as, the impugned judgment of the learned single Judge.

(2.) The short question, which has emerged in this Letters Patent Appeal is as to whether the dismissal of the petition for the claim of Rs. 19,875/- together with compensation ten times of the same amount, allegedly, having been deducted by the employer is justified or not?

(3.) Let there be a skeleton projection of the factual matrix. The appellant-original writ petitioner's case, shortly stated, has been that he was appointed as a Salesman of the Firm known as Keshri Medical Hall, Kaprapatti, Saharsa in May, 1965 on the monthly salary of Rs. 250/- and that his salary was raised from time to time and at the relevant time he was drawing an amount of Rs. 500/- per month by way of salary. He has further averred that in order to see that his daughters are happily married, he used to get an amount of Rs. 400/- deducted from the salary of Rs. 500/- by an oral agreement with the employer and upon the occasion of the marriage the claim, being made by him before the employer, came to be rejected on the ground that there was no such an oral/ agreement or any deduction and as a result of which the matter was brought by way of a petition before the competent authority under the Bihar Shops & Establishment Act, 1953 (hereinafter referred to as the Act).