1. The appellant was as employee of the Nellore District Co - operative Wholesale Stores Ltd., hereinafter referred to as the "Co - operative Stores", initially as a clerk, then ay an Accountant and on the date when the notice for discharge was given, he was occupying the post of a Supervisor to which he was promoted. There were In all 48 persons employed in this Co - operative Stores which was evidently dealing in food - grains.
As a result of the abolition of the controls, the work of the Co - operative Stores was not so heavy and consequently some of the employees had to be retrenched. The Co - operative Stores gave to all its employees notices of retrenchment on 7-7-1952 and later purported to re - employ 37 of its employees while dispensing with the services of 11 of whom the appellant was one of them. The respondent gave another notice on 5-8-1952 terminating the services of the appellant from 7-8-1952 as per Ex. A - 2.
The appellant thereafter appealed to the Appellate Authority under S.41(2) of the Madras Shops and Establishments Act (Madras Act XXXVI of 1947) against this order of retrenchment. The Labour Commissioner, Madras heard both the parties and set aside the order of