S S SHETTY Vs. BHARAT NIDHI LIMITED

JUDGEMENT

(1.) This appeal with special leave is directed against the decision of the Labour Appellate Tribunal of India, Lucknow, confirming, on appeal the award made by the Central Government Industrial Tribunal, Calcutta in a dispute between the appellant and the respondent.

(2.) The appellant took up service with the respondent then known as the Bharat Bank Ltd., with effect from 1st July 1944, as an Inspector at Bombay in the grade of Rs. 170- 10- 200-20-400 and was given three increments when the first increment fell due as from 1st October 1945. He was also given promotions on 1st October 1946 and on 1st October 1947, and was drawing Rs. 240 per month plus a special allowance for a servant of Rs. 30 per month at the time when he was discharged by the respondent on 5th August 1949, on the plea that he had become surplus to the requirement of the respondent.

(3.) On 30th January 1951, the respondent preferred an appeal against the said order to the Labour Appellate Tribunal, Calcutta sitting at Allahabad which by its decision dated 25th September 1951, upheld the directions given by the Industrial Tribunal and dismissed the appeal. The respondent failed and neglected to implement the decision of the Labour Appellate Tribunal within the prescribed period in spite of the appellant's intimating to the respondent by his letter dated 10th October 1951, at its address at 37, Faiz Bazar, Delhi, that he was at Bombay and that he would like to know where he should report himself for duty.