ZAINUDDIN Vs. DY LABOUR COMMISSIONER

JUDGEMENT

(1.) THE question involved falls within very small compass. Second Respondent was an employee of the petitioner. His services were terminated by issuance of a notice dated 22nd January 1983. That notice was delivered to the second respondent on the same day itself. He filed an appeal before the first respondent on 13th April 1983. According to the petitioner the appeal filed on 13th April 1983 was out of time and so the first respondent should not have entertained the appeal. In this view the order passed by the first respondent in that appeal, namely Ext. P1, is illegal and has to be quashed.

(2.) RULE 3 of the Kerala Shops and Commercial Establishments RULEs, 1961 provides that an appeal u/s. 18 of the Act should be preferred by the employee within 60 days from the date of delivery of the order terminating his services with the employer. It further states that the date of 60 days should be reckoned from the date on which the order is delivered to the employee either personally or by prepaid registered post etc. , and the date of delivery should be taken as the date when the letter would have reached the employee in the ordinary course of post. The notice terminating the services of the second respondent was dated 22nd January 1983. It was delivered to the second respondent on the same day. Therefore, it is argued that the period of 60 days must be counted from 22nd January 1983 and that the appeal filed on 13th April 1983 is barred by limitation.