S.B.Sinha, J.

1. In these two writ applications, a common question of law which arises for consideration is as to whether the petitioner club is a shop or establishment within the meaning of the provisions of Bihar Shops and Establishments Act, 1953 (hereinafter referred for the sake of brevity as the Act).

2. In the writ applications, the petitioner has sought for issuance of a writ of certiorari for quashing of the order passed by the respondent No. 1, dated 15-4-1981, whereby and where under the said learned court rejected the application filed on behalf of the petitioner to recall his earlier order dated 9-12-1980 in B. S. and E. Cases Nos. 27 and 30 of 1976 allowing the petition of the concerned workman.

3. The aforementioned cases under the said Act arose out of complaint petitions filed before the respondent No. 1 by the respondent No. 2 of the writ petition against termination of services in terms of Sec. 26 of the said Act and by a judgment dated 9-12-1980 and dated 15-4-1981 their applications were allowed.

4. Before the court below the petitioner took an objection that the petitions under the said Act by the respondent No. 1 were not maintainable as the petitione