(1.) Ext. P11 order of the 2nd respondent under S.18(3) of the Kerala Shops and Commercial Establishments Act for short 'The Act' is under challenge.
(2.) The 1st respondent filed an appeal challenging the order of the petitioner terminating his services. The 2nd respondent after evaluating the evidence adduced by the parties came to the conclusion that the order dispensing with the services of the 1st respondent is not sustainable in law and consequently issued the following directions:--
(3.) For two reasons, this argument cannot be accepted. (1) No such plea has been taken by the petitioner in its written statement. (2) The finding that the order terminating the services of the first respondent is not sustainable, is based on evidence.