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PETITIONER: CENTRAL PROVINCES TRANSPORT SERVICES LTD.
Vs.
RESPONDENT: RAGHUNATH GOPAL PATWARDHAN.
DATE OF JUDGMENT: 06/11/1956
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA BHAGWATI, NATWARLAL H. DAS, S.K. MENON, P. GOVINDA
CITATION: 1957 AIR 104 1956 SCR 956
ACT: Industrial Dispute-Dismissal of Employee for misconduct Criminal prosecution-Acquittal-Application for reinstatement and compensation-Maintainability-Dismissed Employee, Meaning of Dispute between employer and an individual employee- Whether an industrial dispute-Central Provinces and Berar Industrial Disputes Settlement Act, 1947 (C. P. and Berar XXIII of 1947), ss. 2(10), (12) and 16-Industrial Disputes Act (XIV of 1947), s. 2(k).
HEADNOTE: In June, 1950, goods belonging to the appellant company were stolen and as the result of an enquiry the respondent was dismissed on the ground of gross negligence and misconduct. He was prosecuted on a charge of theft but was acquitted in March, 1952, and thereupon he made an application before the Labour Commissioner 957 for reinstatement and compensation under s. 16(2) of the Central Provinces and Barar Industrial Disputes Settlement Act, 1947. It was contended for the appellant that the application was not main tainable because (1) the respondent was not an employee on the date of the application, having been dismissed long prior there...