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1978 Supreme(Ker) 133

V.KHALID, V.P.GOPALAN NAMBIYAR
SASIDHARAN – Appellant
Versus
PETER & KARUNAKARAN – Respondent


Judgment :-

1. Is a firm of lawyers a 'commercial establishment' as defined in the Kerala Shops and Commercial Establishments Act, 1960? is the question that falls for consideration in this appeal.

2. The services of the appellant, a clerk in one of the lawyer-firms of this town were terminated on 3-2-1972. He preferred Ext. P1 appeal to the Appellate Authority under the Kerala Shops and Commercial Establishments Act, 1960. A preliminary objection was raised that the appeal was not maintainable as the respondent was not a'commercial establishment' within the meaning of the Act. The question was tried as a preliminary issue; and by Ext. P7 order the Tribunal held that the firm in question is not a'commercial establishmentunder the Act and that the appeal was therefor; not competent. On this ground it dismissed the appeal. A learned judge of this Court upheld the view of the Tribunal and dismissed the writ petition to quash Ext. P7. This appeal is directed against the judgment of the learned judge.

3. The terms 'commercial establishment', 'establishment', 'employer' and 'employee' as defined by S.2 of the Act, are as follows:

"(4) "commercial establishment" means a commercial or industr





























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