Once an employer cancels a termination order, the original order becomes non-existent, and any appeal based on the original order is void.

1. This writ petition has been brought by a co-operative society-Eraveli Co-operative Consumers' Stores Ltd.-represented by its President. The 2nd respondent was employed as a clerk in one of the ration shops conducted by the petitioner-society. Certain irregularities are said to have been noticed in the conduct of that ration shop and the 2nd respondent was called upon by the society to submit his explanation to the charges communicated to him. He was also placed under suspension pending enquiry as per a memo dated 13-8-1966 issued to him by the President of the Society. Thereafter the disciplinary sub committee of the society met on 23rd September, 1966 and decided to dispense with the services of the 2nd respondent and that decision was communicated to the 2nd respondent by the Secretary of the Society by a letter dated 24th September, 1966. It would appear that acting on the basis of a complaint preferred before him by the 2nd respondent the Deputy Labour Officer, Cochin held a conciliation conference and at that conference it was pointed out that the action taken by the disciplinary sub committee to terminate the services of the 2nd respondent was not in accordance with the procedure laid down by law. On realising this the matter was placed for consideration before the Board of Directors of the Society and at its meeting held on 2nd October, 1966 the Board decided to cancel the order of termination issued to 2nd respondent and to treat the 2nd respondent as continuing under suspension pending enquiry. Ext. P1 is a copy of the said resolution passed by the Board. On 4-10-1966 the 2nd respondent filed an appeal under S.18 of the Kerala Shops and Commercial Establishments Act, 1960 (hereinafter referred to as the Act) before the Appellate Authority constituted under the Act challenging the order of termination dated 24th September, 1966 issued to him by the Secretary of the Society. When notice went to the Society in that appeal it entered appearance and contended inter alia before the Appellate Authority that the termination order appealed against had already been cancelled by the Society itself and that hence the appeal filed by the 2nd respondent was not maintainable. The Appellate Authority took the view that since the order of cancellation was communicated to the employee (2nd respondent) only on 6-10-1966 and it was actually received by the 2nd respondent only on 26-10-1966 prior to which date the appeal had already been filed by the 2nd respondent, the 2nd respondent had to be treated as an employee who stood dismissed from service as on the date of filing of the appeal and hence he was entitled to proceed with the appeal. In this view the Appellate Authority went into the merits of the other contentions put forward by the parties and ultimately ordered that the petitioner-Society should reinstate the 2nd respondent into its service within 30 days of the date of the order and should also pay an amount of Rs. 2, 880/-to the 2nd respondent as arrears of wages and that in case the Society failed to reinstate the employee it should pay to the 2nd respondent a further sum of 1, 320/-as compensation in lieu of reinstatement. Ext. P 6 is a copy of the order passed by the Commissioner for Workmen's Compensation in bis capacity as the Appellate Authority under the Act. This writ petition has been brought by the Society seeking to quash Ext. P 6.

2. The main contention urged by the writ petitioner is that the Society having itself cancelled the order of termination of service passed against the 2nd respondent long prior to the date on which the appeal was taken up for consideration by the Appellate Authority there was no jurisdiction for the Appellate Authority to proceed to dispose of the appeal on the merits. It is also submitted by the learned advocate appearing for the writ petitioner that the cancellation of the order of termination was effected by the Board of Directors of the Society on 2-10-1966 itself wherea