LIFE INSURANCE CORPORATION Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) LIFE Insurance Corporation of India, for short the Corporation, is the petitioner.

(2.) EXT. P1 order of the first respondent is under challenge. Gist of this order given in Ext. P2 reads:-"it is hereby informed that orders have been passed in the above case. As per the order, the respondent is directed to reinstate the appellant in service with backwages of Rs. 29,552/- (Rupees twenty nine thousand five hundred and fifty two) for the period from 2-9-87 to the date of this order. In the event of failure to comply with the above directions, the appellant will be paid a lumpsum compensation of Rs. 35,000/- (Rupees thirty five thousand only ). The above directions shall be complied with by the respondent within 30 days of receipt of the gist of this order, failing which steps will be taken to recover the same under Revenue Recovery Act, with 9% compound interest during the period of default". Facts relevant and requisite to dispose of the dispute lie in a narrow compass. The service details of the second respondent are given in Ext. P3. It can be seen therefrom that at the time of his leaving the employment (the second respondent does not admit the details given in Ext. P3 except those relating to his designation and also the first and the last date of his appointment), he was a temporary Engineering Assistant (Elec.) Gr. III.

(3.) CONTENDING that his services were dispensed without complying with the provisions contained in Section 18 (1) of the Kerala Shops and Commercial Establishments Act, for short, the Commercial Establishments Act, the second respondent filed an appeal before the first respondent. In the written statement, the petitioner-Corporation raised mainly three contentions. (1) The petitioner-Corporation is not an establishment within the meaning of the Commercial Establishments Act. (2) Assuming that it is an establishment, since it is an establishment under the Central Government, within the meaning of Clause (c) of Sub-section (1) of Section 3, the Commercial Establishments Act has no application. (3) The pre-requisite to file an appeal namely that, the employee has been employed continuously for a period of not less than six months is not satisfied.