SHRIMATHI RUKMANI BAI Vs. NARASIMHA RAO

JUDGEMENT

(1.) This is a revision petition directed against the order of the First Additional Chief Judge, City Civil Gourt, Hyderabad, given on 15th December, 1965.

(2.) The essential facts are that the respondent filed an application before the authority claiming that he was an employee of the petitioners and that he was entitled to a sum of Rs. 842-50 as wages and gratuity etc. The defence to the action was that the applicant was not an employee. It was their case that the employee worked on contractual basis from 1952 to 1959 and thereafter he became a partner in the Flour Mill.

(3.) After recording the evidence the Authority held that the applicant was employed as a wage earner and that the defence set up by the employer was not proved. The Authority therefore directed the employer to pay Rs. 521-13. In regard to the objection taken by the employer that the Flour Mill is not an establishment within the meaning of the Shops and Establishments Act, it was held that it falls within the definition of shop.