JAIPUR CHALCHITRA (P) LTD. Vs. NARENDRA SINGH RATHORE

JUDGEMENT

(1.) At joint request and consent of the parties, this petition was heard finally at admission stage.

(2.) Instant petition has been filed against order dated 20.2.2004 (Annexure-6) passed by Prescribed Authority under Rajasthan Shops and Commercial Establishments Act, 1958, ("the Act"), whereby termination of respondent No. 1 made effective from 13.3.2001 has been set aside and petitioner has been directed to reinstate him with arrears of salary from the date of termination amounting to Rs. 1,75,000/- within 30 days from the date of order.

(3.) Facts in brief, are that respondent No. 1 was appointed as Manager in the establishment of petitioner-company and after rendered 15 years, services, his services were terminated w.e.t: 13.3.2001 - against which respondent No. 1 filed application before Prescribed Authority under the Act, wherein he has specifically come out with a case that he was appointed as a Manager in their establishment and while terminating his services, petitioner-company violated provisions of Section 28-A of the Act, as a consequence whereof, he may be reinstated in service with all consequential benefits. The same were the facts asserted in his affidavit which he submitted in support of application under the Act.