This is an application for issuing a writ of certiorari to quash the order of the Additional Commissioner for Workmen’s Compensation, Madras, dated 23rd July, 1951. The petitioner is the South India Bank, Ltd. The first respondent was a clerk in the office of the petitioner. On 25th September, 1950, he was served with a notice of termination of his employment. In the said notice it was stated that on account of retrenchment his services were terminated with effect from 1st October, 1950. On 18th October, 1950, he preferred an appeal under section 41 (2) of the Madras Shops and Establishment Act, 1947 (hereafter called the Act) to the Labour Commissioner, Madras, questioning the validity of the termination of service. The Additional Commissioner for Workmen’s Compensation, after making the prescribed enquiry and after hearing the parties, held that the discharge of the applicant was not for a reasonable cause and set aside the order of the bank discharging the petitioner. The bank filed the aforesaid writ for quashing that order.

Learned counsel for the petitioner made a three-prolonged attack on section 41 of the Act based on Article 14 of the Constitution of India which guar