HOTEL MALWA Vs. PRESCRIBED AUTHORITY

JUDGEMENT

(1.) The appellants Hotel Malwa, Jaipur Road, Ajmer seeks to quash the order dated of February 26, 1999 of the learned single Judge whereby, the writ petition of the appellant was dismissed and the order dated December 31, 1998 of the Prescribed Authority under the Rajasthan Shops and Commercial Establishments Act, 1958 (hereinafter to be referred as 'the Act' 1958) was confirmed.

(2.) Contextual facts depict that the respondent No. 2 (hereinafter referred to as 'Concerned Workman'), submitted an application under Section 28-A of the Act of 1958 before the Prescribed Authority with the averments that he had been working with the appellant for continuous period of last 17-18 years as Manager and Clerk and was getting Rs. 1465.00 per month as salary. On April 30, 1998 when the respondent went to attend Hotel Malwa, he was prevented by the Guard from entering into the premises and his services were terminated by an order dated April 30, 1998. It was, therefore, prayed to set aside the said order and reinstate him back in the service.

(3.) Notice was issued to the appellant by the Prescribed Authority. The appellant appeared before the Prescribed Authority and filed written statement, stating therein that the services of the respondents were never terminated on April 30, 1998 by an oral order. An enquiry was initiated by serving a charge-sheet on him and, thereafter, his services were terminated on August 7, 1998.