(1.) Heard the learned counsel appearing for the parties.
(2.) The management of the Railway Employees' Consumers Co-operative Stores Limited has filed this writ petition challenging the order of the first respondent – the appellate authority under the Tamil Nadu Shops and Establishments Act allowing the appeal filed by the second respondent. It had been alleged by the second respondent that he was working regularly, but temporarily under the present petitioner and suddenly he was orally asked not to come to the organisation for any work. In the objection filed before the appellate authority it was stated by the management that the second respondent was a casual worker and he had not worked for more than six months to enable him to approach the appellate authority under the Tamil Nadu Shops and Establishments Act. The appellate authority accepting the case of the present second respondent allowed the appeal and set aside the "oral dispensation of the service." In this Court, there was an interim order of stay and subsequently, the order of stay was modified and there was a direction to pay Rs.500/- (Rupees Five Hundred only)per month to the second respondent. It is also seen from the records that at the time of granting interim stay, this Court has directed the Management to deposit Rs.5,000/-(Rupees Five Thousand only) which has been subsequently withdrawn by the second respondent. It is not disputed that in the mean time the petitioner has attained the age of superannuation.
(3.) The learned counsel appearing for the present petitioner submitted that the materials produced before the appellate authority were not sufficient to come to the conclusion and that in fact, the second respondent had been employed under the present petitioner for more than six months and therefore, the appellate authority had no jurisdiction to deal with the matter. He has further submitted that the burden of proving that the second respondent was employed under the present petitioner was on the workman and therefore the order passed by the management cannot be sustained.