HYDROSE HAJI Vs. K M BAVA

JUDGEMENT

(1.) THE appeal is against the judgment of a learned Judge who dismissed the appellant's writ petition to quash the order Ext P3 of the appellate authority under the Kerala Shops and Commercial Establishments Act, 1960, (the Additional Deputy Labour Commissioner, Ernakulam ). That authority had found that the termination of service ordered by the appellant of the 1st respondent was unjustified. Having come to that conclusion, the authority found that there was no ground to order reinstatement as the relationship between the employer and the employee was rather strained, and reinstatement might only have the result of developing further disharmony with the employee. It, therefore, directed the appellant to pay the 1st respondent, a sum of Rs. 5,740 towards back wages for the period from 13-12-1969 (the date of termination) to 14-5-1973 (the date of the order at Rs. 140 per mensem. It also found that the 1st respondent was entitled to a further sum of Rs 2,000 towards compensation in lieu of reinstatement, and directed the appellant to pay the same to the 1st respondent. In the result, the appellant was directed to pay a total amount of Rs. 7,740 within thirty days of the date of the order.

(2.) THE learned single Judge sustained the decision and dismissed the writ petition.

(3.) IN this appeal, counsel for the appellant has raised an interesting point He invited our attention to Section 18, Clauses 2, 3 and 4 of the Kerala shops and Commercial Establishments Act, which read as follows: 18. Notice of dismissa