KOODALMANICKOM DEVASWOM Vs. KUNHAN KARTHA K P

JUDGEMENT

(1.) The petitioner is the Superintendent of Koodalmanickom Devaswom, Irinjalakuda. The 1st respondent was a pattamali under the Devaswom, who was dismissed from service by the petitioner, for certain irregularities in connection with the discharge of his duties as pattamali. The 1st respondent preferred an appeal under S.18(2) of the Kerala Shops and Commercial Establishments Act 18 of 1960, (hereinafter referred to as the Shops' Act) to the 2nd respondent, the appellate authority. The appeal was allowed and the petitioner was directed within a specified time to reinstate the 1st respondent with continuity of service and on payment of Rs. l,000/- in lieu of backwages for the period for which he was kept out of employment; or, in the alternative to pay the 1st respondent, within the specified period, a sum of Rs. 3,000/ as compensation in lieu of reinstatement, backwages and all other claims. Ex. P-3 is a copy of the communication from the petitioner of gist of the order passed on appeal, and Ex. R-3 filed with the counter affidavit of the 1st respondent is a copy of the order itself. This writ petition is mainly to quash Ex. P-3.

(2.) The main contentions urged were:

(3.) The Kerala Shops and Commercial Establishments Act provides by S.3 for exemption from the operation of its provisions. There is nothing in clauses (a) to (f) of S.3(1) of the Act, to show that the Koodalmanickom Devaswom is exempt from the provisions of the Shops' Act. Under Clause.3(1)(f)