KOTHARI (MADRAS) LIMITED (KOTHARI INDUSTRIAL CORPORATION LIMITED) Vs. APPELLATE AUTHORITY UNDER T N SHOPS AND ESTABLISHMENTS ACT

JUDGEMENT

(1.) This appeal arises out of an order of the Hon'ble single Judge dated September 14, 1993, whereby it was held that the second respondent is an employee of the appellant under the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as 'the Act') and the order by which the services of the second respondent were terminated as being not required any more as a 'Trainee' is not sustainable.

(2.) The second respondent preferred an appeal against the order of termination of his services. In the appeal, it was found as a fact, on appreciation of the evidence on record, that in fact he was not a Trainee, but an employee as defined under the Act. The termination order was set aside. He was reinstated in service. The appellant impugned the order of the appellate authority through writ petition, which was dismissed; the order of the appellate authority was affirmed, which is under challenge in this appeal.

(3.) Learned counsel for the appellant vehemently argued that the second respondent was a trainee. The reasons given by the Hon'ble single Judge as taken out by the Hon'ble single Judge from the award of the appellate authority to come to the conclusion mat the second respondent is not a trainee does not lead to such an inference. The appellant does not acquire the status of an 'employee' as envisaged in the Act. The reasons given by the first respondent as set out in the order passed by the Hon'ble single Judge are as follows: