Decided on July 11,1974

C.G.G.PANICKER Appellant
T.M.EAPEN Respondents


- (1.) THE petitioner, a partnership firm, seeks the issuance of a writ of certiorari or other writ or order to quash Ext. P 12 order dated 9-31972, passed by the Labour Court, Quilon. The first respondent was appointed as a stenographer and was confirmed on 1-11. 1958. For alleged acts of misbehaviour and indiscipline, his services were terminated by an order Ext. P 1 dated 21-1-1961: He filed an appeal before the Appellate Authority under Section 41 (2) of the Travancore-Cochin Shops and Establishments Act, 1125, as appeal No. 4 of 1961. The appellate authority set aside the order of termination by its order Ext. P 2 dated 19th May, 1962. Pursuant to Ext. P 2 order, the first respondent sent a notice to the petitioner on 17-7-1962 making a claim for the salary for the period from January, 1961 to June, 1962 and for other benefits. The petitioner replied to him by notice dated 128-7-1962 denying liability and asserting that [termination order did not provide for reinstatement or for payment of wages,
(2.) THEREUPON, the first respondent filed an application under the Payment of Wages Act (P. W. No. 16 of 1962), before the Industrial Tribunal, Trivandrum, claiming salary and other benefits from the date of termination of his employment. Various contentions were raised by the petitioner before the Industrial Tribunal. Inter alia it was contended that the order under the Shops Act was without jurisdiction, that the Payment of Wages Act was not applicable and that the petitioner was exercising a profession and not an industry and none of the labour laws was applicable to the firm. The Tribunal Upheld the petitioner's contentions and dismissed the application filed by the first respondent as per its order dated 2-4-1972. The first respondent filed another application before the same authority, which was later withdrawn by him. Thereafter he filed an application under Section 33 C (2) of the Industrial Disputes Act before the Labour Court, Quilon, as Claim Petition No. 93 of 1965 for his reliefs pursuant to the order in Appeal No. 4 of 1961. He assessed his claim at Rs. 21,281. 43. The said application is Ext. P 4. The Labour Court, Quilon, accepted a portion of the claim put forward by the first respondent and passed order dated 18-12-1967 granting benefits to the first respondent for Rs. 8,415 as per Ext, P6. The. petitioner challenged the said order as per O. P. No. 2264 of 1968. The said O. P. was dismissed as per Ext. P 8 judgment dated 3-1-1969. The writ appeal filed against Ext. P 8 judgment was also dismissed.
(3.) THE petitioner thereafter sent a notice on 20-4-1965 to the first respondent directing him to report for duty on or before 30-4-1965. It is stated that this was done without prejudice to his contentions. The first respondent did not respond to the offer.;

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