REMINGTON RAND OF INDIA LTD. vs THIRU R. JAMBULINGAM

The Supreme Court held that the appellant, having previously contended that the respondent was not a protected workman before the Industrial Tribunal, could not later raise this plea to challenge the jurisdiction of the Commissioner under Section 41(2) of the Tamil Nadu Shops and Establishments Act. The Court found that the Commissioner had the authority to rehear the matter and take additional evidence, and that there was no basis for the claim that the Commissioner ignored evidence. The appeal was dismissed, affirming the Commissioner's decision to reduce the penalty imposed on the respondent.