SULEKHA WORKS TLD Vs. BAREN DAS
LAWS(CAL)-1983-7-5
HIGH COURT OF CALCUTTA
Decided on July 28,1983

SULEKHA WORKS TLD Appellant
VERSUS
BAREN DAS Respondents

JUDGEMENT

- (1.) THE appellant's application for taking additional ground is allowed.
(2.) THIS is an appeal by the defendant against a decree of affirmance passed by the learned Additional District judge 8th Court, Alipore in a suit for declaration and injunction and recovery of money illegally and wrongfully deducted from the wages of the plaintiff.
(3.) THE plaintiff has been an employee of the defendant company Sulekha works Limited and apart from his duty as a driver he was entrusted with the work of purchasing urgently needed materials for the defendant company within a limit of Rs. 500/- under instructions from the purchase department. For such purchases, the plaintiff used to receive moneys, signing vouchers or slips and submit accounts and cash memos etc. to the purchase department. The plaintiff's case is that in the first part of 1969 he came to know from the purchase department that he was being charged for not rendering the daily accounts of purchases properly and that a sum of rs. 16,000/- remained to be accounted for by him. He was verbally informed that the said amount would be adjusted by deductions from the wages but nothing was intimated to him in this regard in writing. The defendant company started making deductions from the plaintiff's wages from 5. 2. 1969 and inspite of repeated representations from the plaintiff, continued to do so. Such deductions being wrongful and illegal, the plaintiff filed the suit for declaration that the deductions are contrary to law and that the company had no right to deduct any amount from the wage of the plaintiff and for permanent injunction restraining the defendant company from making any deduction in future. The plaintiff has also claimed recovery of Rs. 1657. 37 from the defendant company on account of deductions illegally made from the wages.;


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