S RAMANATHAN Vs. SAROJA MILLS LTD

JUDGEMENT

(1.) THE facts leading to this petition under Article 226 of the Constitution of India are more or less admitted on all hands and are these. On 28th April, 1963, the petitioner was appointed as en office r trainee by the proprietors of the Thiagarajar Mills, a factory being run in Kappalur, Madurai District, for the manufacture of textiles, through an appointment letter laying down eight conditions, of which condition No. 3 runs thus: 3. On completion of your probationary period if your services are found satisfactory, you will be con firmed as Junior Officer on Rs. 200 (Rupees two hundred only) per mensem plus dearness allowance of Rs. 115 (Rupees one hundred and fifteen only) per mensem in the grade Rs. 200-25-400. On the 14th of August, 1963 he was confirmed on a salary of Rs 200 plus dearness allowance of Rs 115 per mensem with effect from 1st of August, 1963. He was transferred to the Madurai office of the factory where he was directed to attend to legal and labour matters such as might be referred to him. On the 23rd of October, 1970 his services were terminated on the plea that they were no longer required Against the termination of his services, he filed an appeal under Section 41 (2) of the Madras Shops and Establishments Act, 1947 (Tamil Nadu Act XXXVI of 1947 and hereinafter referred to as the Act ). In paragraphs 1 and 2 of the memorandum of appeal he stated. 1. The opposite party 1 is one of the directors of M/s. Saroja Mills Ltd. which is running a branch mills, viz. , Thiyagarajar Mills at Kappalur, Madurai District, and the said Thiyagarajar Mills is a 'factory' and an 'industrial undertaking' within the meaning of the provisions of the Madras Shops and Establishments Act, 1947, and opposite party 2 is the Administrative Officer of the said Thiyagarajar Mills having his office at Meenakshi Nilayam, Thirupparan kundram Road, Madurai 3 and looks after the general management of the said establishment.

(2.) THE appellant herein was a "person employed" within the meaning of M. S. E. Act, 1947 in the said establishment, viz,. Thiyagarajar Mills (Kappalur B. O.) and the opposite party 2 is incharge of the general management of the said establishment in (he capacity as a director, but without affixing any seal. The said Thiyagarajar Mills is a factory manufacturing cotton yarn and a commercial establishment selling the factory's products in the market directly.

(3.) AT the hearing of the appeal, it was urged by the petitioner that he was a "person employed" because 'the provisions of both Sub-clauses (ii) and (iii) of Clause (12) of Section 2 of the Act were attracted to his case. The stand taken by him was, however, repelled on behalf of the employers, according to whom, the petitioner was not a member of their clerical staff, but was. on the other hand, holding the post of a law office under them. The Additional Commissioner for Workmen's Compensation, Madurai (hereinafter referred to as the Commissioner), acting as the Appellate Authority, framed the following two issues: