CANARA BANK LTD Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India for the issue of a writ of certiorari, or other appropriate writ, order or direction to call for the order G.O. Ms. No. 637 dated 3rd April, 1963, Home (Labour II), Department, and quash the same.

(2.) The necessary facts in order to appreciate the contention raised before me are that respondent 3 was employed first by G. Raghunathmull Bank Ltd., which was an incorporated body. The said Bank's business was amalgamated with Canara Bank with effect from 4th September, 1961. Respondent 3 was formerly working as a manager in the Head Office. He was however subsequently appointed as a Special Officer on duty to collect what are called sticky advances. While he was holding that position his services were terminated on 16th May, 1959, giving him three months' salary in lieu of notice.

(3.) Respondent No. 3 filed W.P. No. 596 of 1959 to quash the order of termination of his services. That writ petition however was dismissed by this Court on 17th June, 1959, for the reasons which need not be mentioned. He thereafter filed an application with the Inspector of Shops and Establishments claiming various amounts due from the petitioner-Bank. He was however advised by the Inspector to file his claim before the authority under the Shops and Establishments Act (hereinafter called the Act). He therefore filed an application on 20th October, 1959, before the authority under the Act and claimed the following amounts : <FRM>ASH301101.htm</FRM>