K. MADHAVA REDDY, J.

( 1 ) THE short question that arises for consideration in this writ petition is whether the provisions of the Andhra Pradesh Co-operative Societies Act, 1964 and the Rules and Bye-laws made thereunder govern the employment of the petitioners herein, who are all employees of the Wanaparthy Co-operative marketing Society Ltd. , Wanaparthy, or the provisions of the Andhra pradesh Shops and Establishments Act, 1966.

( 2 ) IT is alleged that the petitioners, who are termed as temporary employees, have put in more than six months service prior to the issuance of the impugned order dated 15-11-1978. They are ousted from service on the ground that they are temporary employees of the Co-operative Society and on the further ground that in view of the huge losses sustained by the society, the financial position of the Society is not such that they could be continued in service. A promise is however, held out that as and when the financial position of the Co-operative Society improves, they would be absorbed in the Institution. Finding little consolation in this promise and being aggrieved by the summary orders of termination of their services, the petitioners have invoked the jurisdiction of this Court. It may, at this stage, be stated that if the provisions of the Andhra Pradesh Shops and establishments Act, 1966 apply to the petitioners, Section 40 of that Act prohibits the termination of the services of any employee except in accordance with the conditions laid down therein. Section 40 of the Andbra Pradesh shops and Establishments Act, 1966 reads as fellows : "40. Conditions for terminating the services of an employee and payment of gratuity :- (1) No employer shall without a reasonable cause and except for misconduct terminate the service of an employee who has been in his employment continuously for a period of not less than six months without giving such employee, at least one month s notice in writing or wages in lieu thereof and in respect of an employee who has been in his employment continuously for a period of not less than five years, a gratuity amounting to fifteen days average wages for each year of continuous employment, explanation : For the purpose of this sub-section,----- (a) the expression" wages does not include overtime wages; (b) the expression average wages means the daily average of wages for the days an employee actually worked during the thirty days immediately preceding the date of termination of service: (c) an employee in an establishment shall be deemed to have been in continuous employment for a period of not less than six months, if he has worked for not less than one hundred and twenty days in that establishment within a period of six months immediately preceding the date of termination of the service of that employee ; (d) where the total continuous employment is for a fraction of a year or extends over a fraction of a year in addition to one or more completed years of continuous employment, such fraction, if it is not less than a half year shall be counted as a year of continuous employment in calculating the total number of years for which the gratuity is to be given, (2) Where a gratuity is payable under sub-section (1) to an employee, he shall be entitled to receive bis wages from the date of termination of his service until the date on which the gratuity so payable is actually paid subject to a maximum of wages for two months. (3) An employee, who has completed ihe age of sixty years or who is physically or mentally unfit having been so declared by a medical certificate, or who wants to retire on medical grounds or to resign his service, may give up his employment after giving to his employer notice of at least one month in the ease of an employee of sixty years of age, and fifteen days in any other case; and every such employee and the dependent of an employee who dies while in service, shall be entitled to receive a gratuity as provided in subsection (1 ). He shall be en

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