VISHWAJYOTI THEATRE Vs. PRESCRIBED AUTHORITY

JUDGEMENT

(1.) THE petitioner is a partnership firm engaged in exhibiting films in THEatre known as Vishwajyoti THEatre. It is alleged that respondent No. 2 Virendra Kumar stopped coming to the establishment on and from 29. 1. 1987 without giving notice or information. THE petitioner's claim is that respondent No. 2 left the services of the petitioner at his own accord. His explanation was called by sending letter at his registered address but the same was returned with the endorsement that addressee is not found. An enquiry was contemplated to be held against the respondent No. 2. In the meanwhile, petitioner raised a dispute before the Conciliation Officer alleging that his services have been terminated w. e. f. 29. 1. 1987. In other dispute redressal forum, the case of the petitioner was also examined.

(2.) THE petitioner alleges that without exhausting the other remedy initiated by him, the respondent No. 2 switched on for redressal of his grievance to the remedy under Rajasthan Shops and Commercial Establishment Act, 1958 (hereinafter referred to as `the Act of 1958' ). An application under Sec. 28-A was preferred by the petitioner. THE application being barred by time, a condonation application was also moved. This application was contested by the petitioner.

(3.) ULTIMATELY, after trial, the application of respondent No. 2 was allowed. While allowing the application, the prescribed Authority has found that respondent No. 2 worked with the non- applicants during the period from 20. 10. 1982 to 29. 1. 1987 as a Booking Clerk and that services of the applicant were terminated on 29. 1. 1987 without any reasonable cause and without giving any orders in writing. It was also observed by the Authority that neither notice nor one month's pay in lieu of notice in compliance of provisions of Sec. 28-A of the Act of 1958 were given. Thus, it was observed that termination was in violation of provisions of Sec. 28-A of the Act of 1958.