Rajamannar, C.J.-This is an appeal against the judgment of Rajagopalan, J., dismissing a petition filed by the appellant for the issue of a writ of certiorari to quash the order of the Commissioner for Workmen’s Compensation, Madras, dated 1st November, 1955. The facts necessary for disposal of this appeal may be briefly stated. Messrs. Kemp and Co. Ltd,, the contesting respondent in this appeal, is a company with its head office at Bombay. It has a branch at Madras. The petitioner was appointed as the Branch Manager of the Madras Branch of the Company some time in 1950. The appellant’s services were terminated with effect from 28th August, 1953. He was given a month’s salary in lieu of notice and an additional payment ex gratia. The petitioner thereupon preferred an appeal to the Commissioner for Workmen’s Compensation under section 41 (2) of the Madras Shops and Establishments Act (XXXVI of 1947). A preliminary objection was raised on behalf of the company that the appeal was not competent on the ground that the appellant was not entitled to the benefit of the provisions of the Act as he was a person who fell within section 4(1) (a) of the Act which runs thus:

4(1) Nothing contai

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