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1953 Supreme(Mad) 234

P.V.RAJAMANNAR, VENKATARAMA AYYAR
The South India Bank, Ltd. , Tirunelveli – Appellant
Versus
T. D. Pichuthayappan – Respondent


Advocates:
K.V. Venkatasubramania Ayyar and T.P. Gopalakrishnan for Appellant.
S. Mohan Kumaramangalam, Messrs. Row and Reddy for Respondents.
The Government Pleader (P. Satyanarayana Raju) for the State.

Venkatarama Ayyar, J.-

The South India Bank, Limited, Tirunelveli, is the appellant in these appeals; the respondents were employed as clerks in the said bank. As a measure of retrenchment, the bank terminated the services of a number of employees including the respondents. Against this order, they appealed under section 41(2) of the Madras Shops and Establishments Act (XXXVI of 1947) hereinafter referred to as the Act to the Commissioner for Workmen’s Compensation who held by his order, dated 23rd July, 1951, that their discharge was not for a reasonable cause. The bank thereupon filed W.P.Nos.296 to 298 of 1951 for a writ of certiorari to quash the aforesaid order, dated 23rd July, 1951, firstly on the ground that the provisions of the Act were discriminatory in character and, therefore, repugnant to Article 14 of the Constitution and void ; and secondly, on the ground that the order in question was erroneous and without jurisdiction. Subba Rao, J., who heard the petitions held that the provisions of the Act were valid and that the order in question was within the jurisdiction of the Tribunal and not liable to be set aside in proceedings by way of writ. Against this judgment, the




























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