Maharamu v. Salum. Misc. Civ. App. 29-D-71; 4/47/2; Saidi, C. J.

 

Maharamu v. Salum. Misc. Civ. App. 29-D-71; 4/47/2; Saidi, C. J.

The respondent successfully sued the appellant for wages which he claimed was due to him for 34 months, when he was employed however, asserted that the former was only assisting him in return for the facilities accorded to him to carry on tailoring on the verandah of his shop rent free. It was established that the appellant went away and spent over a year during which time the respondent ran the shop. It was established that appellant went away and spent over a year during which time the respondent ran the shop. The magistrate felt that it would be unreasonable to accept the appellant’s claim that the respondent was doing all of this in return for the facilities accorded him of doing his tailoring on the verandah and he gave judgment for the respondent.

            Held: (1) “Under Section 35 Sub-section 5 of the Employment Ordinance it is provided that where a dispute arises as to the terms and conditions of an oral contract other than a contract for the employment of casual employees and an employer fails to produce a record of such contract, the statement of the employee as to the nature of the terms and conditions of service shall be receivable as evidence of such terms and conditions unless the employer satisfies the Court to the contrary. This provision applies to the case of the respondent. In the absence of any written agreement to support the allegations of the appellant the provisions of the said section covers the case of the respondent.” (2) Appeal dismissed.