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1963 Supreme(Mad) 294

K.SRINIVASAN
M/s. L. M. Chitale & Son by sole surviving partners S. L. Chitale – Appellant
Versus
The Commissioner of Labour, Chepauk, Madras-5 – Respondent


Advocates:
D.B. Jagannath Rao and C.S. Rajappa, for Petitioner.
S. Mohan, for Additional Government Pleader on behalf of the Respondent in W.P. No. 602 of 1961 and 1st respondent in W.P. No. 668 of 1961.
S.V. Rama Iyengar, for Respondents 3 and 4.

Order.

These petitions under Article 236 of the Constitution pray for the issue of certiorari to call for the records of the Commissioner of Labour and to quash his order dated 27th October, 1960, and the order of Additional Commissioner for Workmen’s Compensation dated the 26th April, 1961, respectively. The facts are briefly as below.

The petitioner in W.P. No. 602 of 1961 is a partner of a registered firm of Chartered Architects. The firm of the petitioner terminated the services of ore T.M. Lingam, an employee, after issuing due notice to him. Though the termination of his service was not objected to by that employee, he subsequently preferred an appeal under the Madras Shops and Establishments Act before the Commissioner for Workmen’s Compensation for payment of gratuity or other amounts, or, in the alternative, for his reinstatement. The petitioner objected to the proceedings contending that as the firm was carrying on a profession of Consulting Architects, it could not be classified as a shop or an establishment within the meaning of the Madras Shops and Establishments Act. Upon this the question came before the Commissioner of Labour under section 51 of that Act. The Commissi



















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