NARMADA BUILDING MATERIALS PVT LTD Vs. DEVASSY

JUDGEMENT

(1.) IN this original petition the petitioner challenges Ext. P-3 order passed by the appellate authority under the Kerala Shops and Commercial Establishments Act, 1960 directing the petitioner to reinstate the 1st respondent in service with back wages amounting to Rs. 3,780/65 within 30 days from the date of the order or to Pay Rs. 4,380/65 including the back wages mentioned above towards compensation within 30 days.

(2.) THE petitioner is a Private Limited Company constituted under the provisions of the Indian Companies Act. It mainly deals with building materials for which it has a godown in Trichur town. The 1st respondent was employed in the godown as a Watchman on a monthly remuneration of Rs. 200/- Ext P-1 states that the appointment was initially for six months and the service of the 1 st respondent can be terminated on one month's prior notice. It is not disputed that the 1 st respondent was continuing as a Watchman for more than six months.

(3.) WHILE matters stood so, the petitioner passed an order terminating the service of the 1 st respondent. This order has not been produced before this Court. Aggrieved by the said order, the 1 st respondent filed an appeal before the 2nd respondent under Section 18 (2) of the Kerala Shops and Commercial Establishments Act, 1960. The 2nd respondent allowed the appeal and passed an order as indicated above.