RANJIT SINGH Vs. GENERAL MANAGER LAKE PALACE HOTEL

JUDGEMENT

(1.) THE petitioner, by this writ petition has prayed that the order dated 30. 3. 1988 passed by the Prescribed Authority be set aside and the said Authority may be directed to proceed and decide the complaint of the petitioners on merits.

(2.) THE petitioner entered the service of the respondent No. 2 a Commercial establishment within the meaning of the Rajasthan Shops and Commercial Establishments Act, 1958 (hereinafter referred to as 'the Act') on a monthly salary of Rs. 926. 85 on 30. 8. 1971. While discharging the duties of Stcward-Cum-Dining Supervisor in the service of respondent No. 2, Lake Palace Hotel and Motel Pvt. Ltd. , the petitioner was dismissed from service vide order dated 13. 8. 1983 by the respondent No. 2. Prior to dismissing the petitioner from service, a notice dated 7. 8. 83 was issued to the petitioner levelling certain charges and he was called upon to reply within two days. Thereafter the petitioner was dismissed from service on 13. 8. 1983. The petitioner approached the Authority under the Act by filing a complaint under Section 28-A of the Act. This complaint was rejected by the authority under the Act by its order dated 30. 3. 1988 on the ground that it has no jurisdiction to decide the matter. Hence, the petitioner has filed the present writ petition.

(3.) MR. Mridul, learned counsel for the petitioner, submitted that the order passed by the Authority is absolutely wrong because as per the definition as given in Sub-section (3) of Section 2 of the Act the respondent No. 2, Lake Palace Hotel and Motel Pvt. Ltd. is a commercial establishing and in terms of Sub-section (5) of Section 2 of the Act, the petitioner is an employee. Therefore, under Section 28-A of the Act the Authority under the Act has jurisdiction to hear and decide the matter.