K MALLA REDDY Vs. STATE

JUDGEMENT

(1.) SRI N.V.Malleshwar Rao, respondent No.3 herein, filed A.P. Shops and Establishments Case No.7 of 1996 before the Authority under Section 48 of the Shops and Establishments Act (for short 'the Act ') and the Assistant Commissioner of Labour, Eluru, West Godavari District against Sri Kothamasu Badrinarayana, respondent No.4 herein, and the petitioner herein. He pleaded that he has been working as Clerk since 10 years prior to filing of the case in M/s. ANL Parcel Service, Hyderabad and that on 12.06.1995, the petitioner herein, who is working as Field Assistant and respondent No.4, Agent to M/s. ANL Parcel Service, have terminated his services without any reason. He prayed that necessary action be taken against his illegal termination and orders be passed for reinstatement with back wages.

(2.) RESPONDENT No.4 opposed the case by stating that he is only an Agent of M/s. ANL Parcel Service. He denied the existence of relationship of employer and employee between himself and respondent No.3. The petitioner also filed the counter, on the same lines. He said that he was working as Field Inspector in M/s. ANL Parcel Service and that he is neither employer nor has the power to terminate anyone. He too denied the existence of relationship of employer and employee between himself and respondent No.3. Through its order, dated 28.08.2000, respondent No.1 allowed the case and held that respondent No.3 is entitled to be reinstated into service with continuity of service and with full back wages. A direction was issued to M/s. ANL Parcel Service, represented by the petitioner herein, to implement the same.

(3.) HEARD Sri P.Nageswara Sree, learned counsel for the petitioner and the learned Government Pleader for Labour for respondent Nos.1 and 2. None appears for respondent Nos.3 to 5.