Chitale L.M. v. Commissioner of Labour - 1964 Supreme(Online)(Mad) 9

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1964 Supreme(Online)(Mad) 9

MADRAS HIGH COURT
Unknown, J
Chitale L.M. v. Commissioner of Labour

Advocates:
For the Appellants/Petitioners: Unknown
For the Respondents: Unknown

Table of Content
1. review of writ petitions against the commissioner of labour's orders. (Para 1 , 2)
2. outcome of the petitions leading to quashing of previous orders. (Para 3 , 10)
3. determining definitions of shop and establishment under the madras act. (Para 4 , 5)
4. distinguishing between profession and commercial trade. (Para 6 , 9)

1. These petitions under Art.226 of the Constitution pray for the issue of writs of certiorari to call for the records of the Commissioner of Labour and to quash his order dated 27th October 1960, and the order of the Additional Commissioner for Workmen's Compensation, dated the 26th April 1961 respectively. The facts are briefly as below.

2. The petitioner in W. P. No. 602 of 1961 is a partner of a registered firm of Chartered Architects. The firm of the petitioner terminated the services of one T.M. Lingam, an employee, after issuing due notice to him. Though the termination of his service was not objected to by that employee, he subsequently preferred an appeal under the Madras Shops and Establishments Act before the Commissioner for Workmen's Compensation for payment of gratuity or other amounts, or, in the alternative, for reinstatement. The