Y.K. Sabharwal, J. - (1.) The appellants are the employees. The first respondent is the employer. The termination of services of the appellants was held to be illegal and the first respondent was directed to reinstate them in service with all consequential reliefs in terms of the order made by the pre scribed authority constituted under the Rajasthan Shops and Commercial Establishments Act, 1958 (Act No. 31 of 1958) (for short, the Act).
(2.) Writ petitions filed by the first respondent were dismissed by a learned Single Judge of the High Court, inter alia, holding that the pre scribed authority after elaborate consideration of evidence has rightly come to the conclusion that the employees had been working continuously for six months.
(3.) The Division Bench of the High Court by the impugned judgment has allowed the appeals and set aside, the judgment of the Single Judge as also the order made by the pre scribed authority on the ground that pre-condition for invoking Section 28-A of the Act has not been established and, therefore, appellants could not make a complaint before the pre scribed authority challenging the termination of their services. The employees are in appeal on grant of leave.;