RAGHAVENDRA RANGA PAI Vs. K VISHWANATH PAI

JUDGEMENT

(1.) this case illustrates how otherwise a speedy remedy can be delayed and defeated by the deliberate actions. The petitioner which is partnership firm had employed the 1st respondent herein as a clearing, packing and canvassing agent on a consolidated salary of Rs. 140/-. His services were terminated with effect from 31-8-1964. The present proceedings started challenging the termination. The 1st respondent challenged his termination as illegal and sought for appropriate remedy under the shops and commercial establishments act. The office of the petitioner-firm was situated in mangalore in south kanara district which was formerly part of the erstwhile Madras state. The said appeal was preferred invoking Section 41(2) of the Madras shops and commercial establishments Act, 1947 (hereinafter referred to as 'the Madras act') before the competent authority then competent to entertain the appeal. Annexure-B is the appeal filed by the 1st respondent in September 1964 and Annexure-C is the counter statement filed by the petitioner herein on 7-4-1965 raising several objections to the claim petition filed by the 1st respondent herein.

(2.) after hearing the respective contentions the appellate authority by the impugned order has allowed the appeal. The dismissal order was set aside and the worker has been ordered to be reinstated with full backwages till reinstatement. The said award is challenged in this proceeding.

(3.) Sri A.G. Holla, learned counsel for the petitioner, has formulated the following contentions challenging the impugned order. They are: