GOPALAKRISHNA KALAMANDIR Vs. ASSISTANT COMMISSIONER OF LABOUR KHAMMAM

JUDGEMENT

(1.) The petitioner is the cinema theatre. The 2nd Respondent is the workman/employee in the petitioner-theatre. The services of the 2nd Respondent were terminated by the petitioner-management on Ju 10/07/1991. Aggrieved by the said action of the Management in terminating the services, the 2nd respondent filed an appeal before the 1st respondent i.e., Assistant Commissioner of Labour, Khammam under Section 48 of the Andhra Pradesh Shops and Establishments Act, 1988. Evidence was adduced before the 1st respondent, but the petitioner-management did not appear on 6/09/1991. Therefore, the management was set ex parte and ex parte order was passed setting aside the order of termination and directing the management to reinstate the 2nd respondent herein into service. It appears that the proprietor of the petitioner-theatre was out of station on account of certain treatment of his wife at Delhi and after his return from Delhi, he filed an application before the 1st respondent on 2/12/1991 seeking to set aside the ex parte order passed by the authority on 6/09/1991. He also sought for condonation of delay of 56 days in filing an application for setting aside the ex parte order. The 1st respondent authority by orders, dated 20/12/1991 dismissed the said application on the ground that the application was not filed within thirty days from the date of ex parte order. The said order of the 1st Respondent is assailed in this writ petition before this Court.

(2.) The learned counsel for the petitioner submits that under Rule 21 of the Rules framed under Andhra Pradesh Shops and Establishments Act, 1988, the appellate authority is empowered to entertain application for setting aside the ex parte order. He has also ancillary power in condoning the delay in filing the application to set aside the ex parte order. In this regard, it is necessary to extract Rule 21 of the A.P. Shops and establishments Rules, 1990 and the same is extracted below :-

(3.) Writ petition is accordingly dismissed. No costs.