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1992 Supreme(Raj) 31

M.C.JAIN, RAJESH BALIA
General Manager, Lake Palace Hotel, Udaipur – Appellant
Versus
Ranjit Singh (69) – Respondent


Advocates Appeared:
C.N. Sharma & K.N Joshi, Advocates, for Appellants M. Mridul, Sr. Advocate, for Respondent

BALIA, J.— This Special Appeal arises out of the order passed by the learned Single Judge of this Court in S.B. Civil Writ Petition No. 3611 of 1988 on 25.01.1991.

2. Brief facts giving rise to this appeal are that Lake Palace Hotel and Motel (Pvt.) Ltd., Udaipur owns the Lake Palace Hotel situated at Udaipur. Respondent Ranjit Singh was employed as Steward-cum-Dining Supervisor in the services of the above named Hotel drawing a monthly salary of Rs. 926.85 when his services were terminated by order dated 15.08.1983. Aggrieved with the termination order, the respondent approached Prescribed Authority under the Rajasthan Shops and Commercial Establishment Act, Udaipur by making a complaint in writing in the prescribed manner under section 28A of the Rajasthan Shops and Commercial Establishment Act, 1958, hereinafter called as the Shop Act. A preliminary objection was raised before the Prescribed Authority about its jurisdiction to entertain the complaint on behalf of respondent Ranjit Singh on the ground that the term "employee" under section 2 (5) of the Shop Act has the same meaning as the term"workman" as defined under section 2 (s) of the Industrial Disputes Act, 1947, hereinafte













































































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