T. DEVADASAN versus M/S. GORDON WOODROFFE & CO. (MADRAS) PRIVATE LTD. & ANR.

T. DEVADASAN versus M/S. GORDON WOODROFFE & CO. (MADRAS) PRIVATE LTD. & ANR.

On the facts, the appellant was appointed, paid, granted leave, and terminated by the Madras Company, which directed his place of work. He was therefore wholly or principally employed in connection with the business of the Madras Company, a commercial establishment, and is a 'person employed' under section 2(12)(iii) of the Madras Shops and Establishments Act, 1947.

Parties
Appellant: T. Devadasan; Respondent No. 1: M/s. Gordon Woodroffe & Co. (Madras) Private Ltd.; Respondent No. 2: Pallavaram Company
Jurisdiction
India
Judgment Date
18 April 1972
Procedural Posture
Civil Appeal / Decision on Appeal by Special Leave
Outcome
Appeal allowed
Legal Topics
Scope of 'person Employed' Under Madras Shops and Establishments Act 1947, Jurisdiction of Authority Under Workmen's Compensation Act Section 41(2)
Labor Law Employment Law Scope of 'person Employed' Under Madras Shops and Establishments Act 1947 Jurisdiction of Authority Under Workmen's Compensation Act Section 41(2)

Case Brief

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Parties

T. Devadasan

Appellant

M/s. Gordon Woodroffe & Co. (Madras) Private Ltd.

Respondent No. 1

Pallavaram Company

Respondent No. 2

Procedural Posture

Civil Appeal / Decision on Appeal by Special Leave

Legal Issues

  1. 1 Whether the appellant was a 'person employed' within the meaning of the Madras Shops and Establishments Act, 1947
  2. 2 Whether jurisdiction under section 41(2) of the Workmen's Compensation Act is circumscribed by section 51

Ratio Decidendi

On the facts, the appellant was appointed, paid, granted leave, and terminated by the Madras Company, which directed his place of work. He was therefore wholly or principally employed in connection with the business of the Madras Company, a commercial establishment, and is a 'person employed' under section 2(12)(iii) of the Madras Shops and Establishments Act, 1947.

Court Disposition

Appeal allowed

Orders

  • Case remanded to the Additional Commissioner of Workmen's Compensation to hear and dispose of the appellant's appeal.
  • Costs awarded, one set.