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1988 Supreme(Ker) 337

MALIMATH, BHASKARAN NAMBIAR
POULOSE – Appellant
Versus
CATHOLIC SYRIAN BANK LTD. – Respondent


Judgment :-

1. The short question that arises for determination in all these cases is whether appeals under the Kerala Shops and Commercial Establishments Act, 1960, could be continued against scheduled commercial Banks after these Banks were exempted "from all the provisions of the said Act" by a general notification issued during the pendency of the appeal. A learned single judge of this Court in Catholic Syrian Bank Ltd. v. Appellate Authority (1986 KLT.1394) ruled that there was no jurisdiction for the appellate authority to proceed with the appeal. Writ Appeal No. 860 of 1986 is against this decision. There are two writ petitions filed by another Back, and raising the same question. They have been referred to a Division Bench to be heard along with the Writ Appeal. We shall, therefore advert to the relevant facts in the writ appeal.

2. The appellant was an employee of the Catholic Syrian Bank, a scheduled commercial Bank, His services were terminated by the Bank on 22nd September, 1978 and immediately thereafter he filed an appeal under S.18 of the Act before the Appellate Authority, the Deputy Labour Commissioner, Kozhikode. In 1982, the Government exempted all scheduled Comme


































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