G KRISHNAMOORTHY Vs. V SATHYANARAYAN

JUDGEMENT

(1.) This revision petitioner/appellant filed this revision petition as against the order passed in I.A. No. 1 of 2002 in T.S.E. No. 136 of 2001. This revision petitioner filed an appeal in T.S.E. No. 136 of 2001 to set aside the oral order of termination dated 6.7.2001, passed by the Management of Janani Cold Storage Systems Private Limited and consequently reinstate the revision petitioner as Manager in the respondent/Management.

(2.) In the above said proceedings, the respondent has filed counter and during the pendency of the above said proceedings, the respondent filed I.A. No. 1 of 2002 under Section 151 of Civil Procedure Code, to drop all further proceedings in the above said case. In the above said affidavit, it is stated that the revision petitioner has not produced any documentary evidence to prove that the revision petitioner was employee under the respondent and all the documents produced by the revision petitioner are irrelevant documents and therefore, prayed for dropping the above said proceedings.

(3.) The revision petitioner has filed a counter, in which it is stated that the revision petitioner has filed an appeal and in the above said appeal, the revision petitioner has filed proof affidavit for examination in chief and also marked documents and the case was posted for cross examination. It is also averred in the counter that the respondent, without cross examining the revision petitioner, prolonged the proceedings by denying the contention of the respondent that there is no documentary evidence to prove the contention of the revision petitioner. The revision petitioner has further stated in the counter that already several documents were marked to prove the contention, inspite of it, the Special Deputy Commissioner of Labour-Appellate authority under Shop and Establishment Act, 1947, allowed the above said interim application filed by the respondent and dismissed the appeal filed by the revision petitioner. Therefore, prayed for dismissal of the application. The Appellate Authority, accepted the contention of the respondent herein and allowed the application and dismissed the main appeal itself. Aggrieved the same, this revision petition filed by the revision petitioner.