GOPI HOTEL Vs. S NAIDU

JUDGEMENT

(1.) The petitioner challenges the common order passed by the 2nd respondent in S.A.Nos. 56 and 68 of 1986, filed under the provisions of Section 41 of the A.P. Shops and Establishments Act, 1966.

(2.) The petitioner is a hotel, wherein the first respondent was employed as a cook. The first respondent was alleged to have indulged in acts of indiscipline. Through order dated 7-12-1983 the petitioner terminated the services of the first respondent. The order of termination was challenged by the first respondent by filing an appeal before the 3rd respondent under the provisions of the Shops and Establishments Act, 1966. The third respondent, through his order dated 18-2-1986 held that there is no irregularity in the proceedings culminating in the termination of the services of the first respondent. However, treating the punishment imposed against the petitioner as disproportionate and finding that it is not possible to direct reinstatement of the first respondent, ordered payment of an amount of Rs. 3,500.00 as compensation in lieu of reinstatement.

(3.) The first respondent filed S.A.No.56 of 1986 insofar as he was aggrieved by the order of the 3rd respondent refusing reinstatement. The petitioner herein filed S.A.No. 68 of 1986 against the order of the 3rd respondent directing payment of compensation.