SECRETARY THIRUVERUMBUR PRIMARY AGRICULTURAL CO OP BANK LTD Vs. DEPUTY COMMISSIONER OF LABOUR AUTHORITY UNDER THE TAMILNADU SHOPS AND ESTABLISHMENTS

JUDGEMENT

(1.) The petitioner is the management of a Cooperative Bank. Aggrieved by the order, dated 29.7.2003 passed by the first respondent Deputy Commissioner of Labour-cum-Appellate authority under the Tamil Nadu Shops and Establishment Act, 1947, Trichy in TNSE Case No.3/2001, the present writ petition has been filed.

(2.) By the impugned order, the first respondent appellate authority set aside the dismissal order passed by the petitioners Bank against the second respondent who was employed as a Sales person in the cooperative Bank. The writ petition was admitted on 2.12.2003. Pending the writ petition, an interim stay was granted. Subsequently, a vacate stay application was filed. This court made the interim stay absolute on 16.12.2009. On 06.04.2004, this court granted a direction to pay monthly salary in terms of Section 17-B of the ID Act from the date of filing of the case. On 16.12.2009, this court directed the first respondent to produce the original records relating to the case in question. Accordingly, original files were produced and circulated for perusal by this court.

(3.) Heard the arguments of Mr.R.Parthiban, learned counsel for the petitioner and Mr.A.Arumugam, learned Special Government Pleader for first respondent and Mr.G.Bala, learned counsel for second respondent.