https://www.taxtmi.com/caselaws?id=175859 The Tamil Nadu Shops and Establishments Act, 1947 applied where the establishment had been notified as a commercial establishment and the employee worked there as an Accountant, bringing the relationship within the statutory definition of employee. An order expressly recording misconduct and misappropriation was treated as a punitive dismissal rather than termination simpliciter, attracting section 41(1). The appellate authority had wide power under section 41 and Rule 9 to receive evidence and decide the misconduct on merits, so the absence of a domestic enquiry did not automatically vitiate the dismissal. The matter was therefore remitted for fresh decision on the employee's appeal according to law. en-us Thu, 06 Mar 1997 00:00:00 +0530 Mon, 07 Dec 2015 15:41:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=175859 The Tamil Nadu Shops and Establishments Act, 1947 applied where the establishment had been notified as a commercial establishment and the employee worked there as an Accountant, bringing the relationship within the statutory definition of employee. An order expressly recording misconduct and misappropriation was treated as a punitive dismissal rather than termination simpliciter, attracting section 41(1). The appellate authority had wide power under section 41 and Rule 9 to receive evidence and decide the misconduct on merits, so the absence of a domestic enquiry did not automatically vitiate the dismissal. The matter was therefore remitted for fresh decision on the employee's appeal according to law. Case-Laws Indian Laws Thu, 06 Mar 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=175859