1. Challenge is made in the Original Petition to Ext. P-1 order passed by the Additional Deputy Labour Commissioner. Trivandrum functioning as the appellate authority under S.18 (2) of the Kerala Shops and Commercial Establishments Act, 1960. The appellant in the said appeal claimed to be an employee of the respondent who was having a shop at Alleppey of the name Messrs. Asia Sea Foods, Alleppey, carrying on the business of running a fishing boat to catch fish from the sea. The appellant was said to have been employed by the respondent as a driver in one of the mechanised fishing boats belonging to the respondent. His remuneration was said to be Rs. 75 per mensem in addition to 5 per cent of the net catch and other incidental remuneration like special remuneration for repairing and overhauling the boat and for starting the engine by means of handle. The appellant's case was that he was denied employment on 24th February 1966 as he was not allowed to go as driver on the fishing boat thereafter. He was not given notice of termination. The respondent denied this case and according to him the appellant was a deserter who voluntarily abandoned his service. There was interven