RAMESH PAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Writ petitioner in O.P.2581/88 is the appellant. He was an employee under the third respondent, Dhanalakshmi Bank Ltd. He questioned the order of dismissal invoking the provisions of S.18 of the Kerala Shops and Commercial Establishments Act, 1960, hereinafter referred to as the Act, before the second respondent Second respondent refused to entertain his appeal under S.18 of the said Act on the ground that Scheduled Commercial Banks are exempted from purview of Act by virtue of S.R.O. 501/82. The said stand taken by the second respondent was challenged before learned single Judge without success. Hence the appeal.

(2.) S.R.O. 501/82 issued by the Kerala Government reads:

(3.) The power to issue exemption under S.5 is, it is settled, legislative in character. The power that was exercised by the Government in issuing the above mentioned S.R.O., was in exercise of the power of conditional legislation. Reference may be made to the decision of Supreme Court in Basant Kumar v. Eagle Rolling Mills, AIR 1964 SC 1260 . In this case the validity of S.1(3) of the State Insurance Act, 1948 came up for consideration. The provision is: -