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M.S.MENON
THOMAS ANTONEY – Appellant
Versus
DEPUTY LABOUR COMMISSIONER – Respondent


Advocates Appeared:
For the Appellant :P. Balagangadhara Menon, Advocate
For the Respondent:Government Pleader, C.J. Antoney, Advocate.

JUDGMENT :

M.S. Menon, J. - The order impugned, Ex. E, reads as follows:

    "With reference to his appeal petition dated 18-1-1956 Sri N. T. Antony, Nellikkal House, Palace Ward, Alwaye, is informed that his petition is time barred as per Rule 9 (1) of the Travancore-Cochin Shops and Establishments Rules and hence rejected."

    The order of discharge (Ex. B) is dated 21-12-1955 and the appeal under Section 41 of the Travancore-Cochin Shops and Establishments Act, 1125 was filed on 20-1-1956 as can he seen from Ex. D. The relevant rule (Rule 9 (1) of the Travancore-Cochin Shops and Establishments Rules, 1950, reads as follows:

    "The Deputy Commissioner of Labour shall be the appellate authority for the purpose of hearing appeals under sub-section (2) of Section 41 and any such appeal shall be preferred by the person employed within thirty days from the date on and from which his services are dispensed with."

2. Section 8 of the Travancore-Cochin Interpretation and General Clauses Act, 1125, provides:

    "In any Act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word "from", and for the purpose of including the last in a se

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