This is an appeal from the Judgment of Rajagopala Ayyangar, J., dismissing the petition filed by the appellant under Article 226 of the Constitution of India for the issue of a writ of certiorari, quashing the order passed by the Additional Commissioner for Workmen’s Compensation, Madras, on 1st November, 1955. The appellant was a Depot Operator in the employment of Messrs. Caltex (India) Ltd. On 1st December, 1954, he was dismissed from the service of the Company after an enquiry by an Officer of the Company deputed for the purpose. Against this order of dismissal, the appellant filed an appeal under section 41 (2) of the Madras Shops and Establishments Act, which was disposed of by the Additional Commissioner for Workmen’s Compensation by the order referred to above. Before the Additional Commissioner, a preliminary point was raised on behalf of the Management that the appellant was not a person, to whom the previsions of the Act applied, because, he fell within the category described in clause (a) of section 4 (1) of the Act, namely, " persons employed in any establishment in a position of management". This plea was accepted by the Additional Commissioner. He f