LAWS(SC)-1984-8-9

V SASIDHARAN Vs. PETER AND KARUNAKAR

Decided On August 23, 1984
V.SASIDHARAN Appellant
V/S
PETER AND KARUNAKAR Respondents

JUDGEMENT

(1.) The question which arises for consideration in this appeal is whether a firm of lawyers is a 'commercial establishment' within the meaning of the Kerala Shops and Commercial Establishments Act, 1960 (referred to herein as 'the Act').

(2.) The appellant, V. Sasidharan, was working as a clerk in a firm of lawyers which is respondent 1 to this appeal. Respondents 2, 3 and 4 are partners of the firm. The services of the appellant were terminated by the firm on February 3, 1977, whereupon he preferred an appeal to the Appellate Authority under the Act. A preliminary objection was raised in that appeal by the firm on the ground that it was not a commercial establishment. By a judgment dated August 11, 1977 the Appellate Authority upheld the preliminary objection and dismissed the appeal.

(3.) Being aggrieved by that judgment, the appellant filed a writ petition (O. P. No. 3380 of 1977-B) in the High Court of Kerala. A learned single Judge of the High Court dismissed that writ petition, against which the appellant filed a Letters Patent Appeal (W. A. No. 11 of 1978). That appeal was dismissed on July 26, 1978. This appeal by special leave is filed against the judgment of the Division Bench of the Kerala High Court.