Law:

Section:

Keywords: Determination, Evidence, Procedure, Dispute, Contravention, Orders, Maintenance, Resignation, Establishment, Provident Fund, Office, Interpretation, Examination, Registered, Exchange, Gratuity, Plea, Commercial Employment, Parties, Inter Alia, Fine, Compliance, Provisions, Dissolution, Government, Permission, Receipt, Without Notice, Failure, Allowances, Payment, Illegal, Period, Appearance, Magistrate, Impugned Order, Enforcement, Returns, Conditions, Register, Payment Of Wages, Consideration, Notices, Inapt, Petition, Costs, Leave Salary, Prosecution, Leave, Functions, Trial Court, Issue Directions, Jurisdiction, Qualifications, Grievance, Commission, Premises, Disposal, Penalty, Contentions, Contract, Notification, Maintain, Precedent, Discharge, Gratuity, Petitioner, Order, Proceedings, Classification, Notice, In Lieu, Grounds, Ancillary, Termination Of Service Result: Petition accepted JUDGMENT GHULAM RASOOL K. SHAIKH, J.-This is a writ petition challenging the order dated 24-3-1970, passed by the Labour Officer and Inspector of Factories, directing the petitioners to pay gratuity, un-availed leave salary, etc. To the affected employees, within a fortnight of the issue of this letter otherwise legal action would be taken against them. The petitioners and one Hyder Ali Bhimji were the partners of the dissolved firm of Chartered Accountants carrying on the profession of Chartered Accountants under the name and style of "Messrs Nariman Hyder Bhimji & Company" under the Chartered Accountants Ordinance, 1961. The firm had employed staff numbering about 135 and assigned different duties which were enumerated in the petition. It is said that 16 were Registered Articled Clerks and forty-nine Registered Audit Clerks, as duly registered as apprentices under the Chartered Accountants Ordinance, 1961, and after passing the prescribed examinations they qualify as Chartered Accountants. The period of training ranges from 3 to 6 years, and during that period Articled Clerks pay a certain sum by way of premium under late to their Principals and the Principals in turn make certain payments by way of allowances to the clerks. In addition there were…

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