Judgement

VENKATARAMIAH, J. :- The question arising for decision in this case is whether an employer whose establishment is governed by the Andhra Pradesh Shops & Establishments Act, 1966 (hereinafter referred to as the State Act) is required, while retrenching any worker, to comply with the provisions of section 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as the Central Act) or with Section 40 of the State Act.

2. The petitioner in this case is a cooperative society carrying on business at Vijayawada in the State of Andhra Pradesh. It retrenched nine of its clerks - Respondents 1 to 9 herein. Respondents 1 to 4 were retrenched on 1-10-1978 and respondents 5 to 9 were retrenched on 22-9-1978 on the ground that the business of the management did not warrant the continuance of its heavy establishment. All the respondents challenged the orders terminating their services in an appeal filed under S. 41(1) of the State Act before the appellate authority. The appellate authority set aside the orders of retrenchment by nine separate judgments delivered on August 1, 1979 and directed the reinstatement of the respondents with full back wages. Aggrieved by the decision of