KALPANA TEXTILES 185 PALACE ROAD MADURAI Vs. ADDITIONAL COMMISSIONER FOR WORK MENÏ¿½S OMPENSATION MADURAI APPELLATE AUTHORITY UNDER THE TAMIL NADU SHOPS AND ESTABLISHMENTS ACT 1947

JUDGEMENT

(1.) THE 2nd respondent herein was working as the Assistant Accountant in the petitioner.s establishment. By a notice, dated 7th September, 1977 be was informed that consequent on the reduction of work in the accounts section, it bad been decided to retrench the Assistant Accountant and that as such his services would stand retrenched with effect from 10th September, 19:7. He was also paid one month.s salary in lieu of notice and retrenchment compensation as laid down under section 25-F of the Industrial Disputes Act.

(2.) THE 2nd respondent took the matter for conciliation under the Industrial Disputes Act. But however, he did not pursue those proceedings but filed an appeal under section 41 of the Tamil Nadu Shops and Establishments Act, before the 1st respondent. THE Additional Commissioner for Workmen.s Compensation, Madurai, questioning the validity of the said order of retrenchment. THE following were the grounds of appeal set out in his memorandum of appeal before the 1st respondent:

(3.) HAVING regard to the fact that the writ petition is to be allowed and remitted to the 1st respondent to first consider the question of jurisdiction and then to decide on the merits, it is unnecessary at this stage to go into the merits of the case.