SAGAR AUTO SALES PVT LTD Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) By this petition under Article 226/227 of the Constitution of India the petitioner is challenging the validity of the impugned order dated 30-3-1998 (Annexure-P/4) passed by the respondent No. 1 and the order dated 30-9-1999 (Annexure-P/11) dismissing the application of the petitioner to set aside the ex parte order, being not maintainable.

(2.) In brief the case of the respondent No. 2 (hereinafter referred to as "employee") is that he was serving on the post of Supervisor under the establishment of the petitioner/employer who is carrying on the business in the name and style Sagar Auto Sales Pvt. Ltd. The employer is having dealership of Bajaj two-wheelers and its establishment is selling the vehicles of Bajaj and its spare parts as well as engaged for extending free service and disposal of warranty claim of a product sold by it to the customers.

(3.) The employee submitted an appeal under section 58(2) of the M. P. Shops and Establishments Act, 1958 (in short Act of 1958) on the averments that he was appointed on the post of Supervisor in the establishment of petitioner/employer on 19-11-1999 where he continued in service. Although his service record was satisfactory but without any reason vide order dated 30-8-1997 his services were terminated. According to employee, the action of the petitioner terminating his service is illegal and contrary to law and thus he is entitled to be reinstated.