FIRST FLIGHT COURIERS P LTD Vs. AUTHORITY APPOINTED

JUDGEMENT

(1.) The petitioner is a private limited company carrying on courier services with branches at various places. The second respondent, since deceased, on his termination from service approached the authorities under the provisions of the A.P.Shops and Establishments Act, 1988 seeking redressal of his grievance. Being a rollercoaster of litigation, it has eventually come to this Court in the form of a challenge laid by the company on the ground that the authorities under the Act do not have the necessary jurisdiction to entertain the plea of the employee, since he does not fall within the purview of employee as defined in Section 2(8) of the Act.

(2.) The facts, as pleaded by the petitioner, to the extent relevant, are that the deceased employee joined the service of the petitioner on 01.12.1992 as branch operation assistant. Eventually by 10.08.1998, the employee, having been promoted as the area operations executive, had been looking after five branches in the city of Hyderabad.

(3.) Holding that the employee committed serious misconduct taking advantage of his official position, on 28.02.2001 the company issued a preliminary show cause notice to the employee. Since the explanation submitted by the employee was not satisfactory, the company issued on 13.03.2001 another charge sheet-cum-suspension order detailing all the charges. Though the employee rendered an unconditional apology on 14.03.2001, as a matter of abundant caution, the company initiated disciplinary action, which resulted in the dismissal of the employee through an order, dated 23.10.2001, passed by the disciplinary authority of the company.