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1994 Supreme(Mad) 441

K.A.SWAMI
Parry and Company Limited, Madras – Appellant
Versus
Deputy Commissioner of Labour and Another – Respondent


Appearing Advocates:For the Petitioner:--- For the Respondent:---

Judgment :-

Swami, C.J

1. This appeal is preferred against the order dated 24.12.1993 passed by the learned single Judge in W.P. No. 5912 of 1987. Learned single Judge has dismissed the writ petition, hence the petitioner therein has come up in appeal.

2. In the writ petition, the petitioner/appellant sought for quashing the order dt. 2-4-1987 passed by the Deputy Commissioner of Labour (Appeal), Madras, in T.S.E.S. No. 31 of 1984. It may be pointed out that the said appeal was preferred under section41(2) of the Tamil Nadu Shops and Establishments Act, 1947, (hereinafter referred to as 'the Act'), by the second respondent against the order dated 19-4-1984 passed by the Chairman of the appellant company, dismissing him from service.

3. It is not in dispute that the appeal filed before the Deputy Commissioner of Labour under section41(2) of the Act was maintainable. The scope of the appeal is stated in sub-section(2) of section41 of the Act which provides that the person employed shall have a right to appeal to such authority within such time as may be prescribed, either on the ground that there was no reasonable cause for dispensing with his services or on the ground that he had not b










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