D R L E 11 VALLIOOR CO-OPERATIVE PRIMARY AGRICULTURAL AND RURAL DEVELOPMENT BANK Vs. DEPUTY COMMISSIONER OF LABOUR TIRUNELVELI

JUDGEMENT

(1.) BOTH the writ petitions were filed by the Co-operative Primary Agricultural and Rural Development Bank at Panagudi represented by its Special Officer. The Co-operative Society, being the employer, has come forward to challenge the order passed by the first respondent/Deputy Commissioner of Labour, which is the Appellate Authority under the Tamil Nadu Shops and Establishment Act, 1947 (hereinafter referred to as "the Act"). In W.P. No.17931 of 2000, challenge is to the order dated 14.8.2000 passed in TNSC Appeal No.6 of 1999 and in W.P. No.17232 of 2000, the challenge is to the order dated dated 14.8.2000 passed in TNSC Appeal No.4 of 1999.

(2.) BEFORE the Appellate Authority, the contesting respondents have filed appeals under Section 41(2) of the Act, challenging their orders of dismissal passed by the Society. BEFORE passing the order of dismissal, they were proceeded with the enquiry. The contesting respondents have submitted before the Authority that the enquiry was not valid inasmuch as no principles of natural justice was followed and no witness was examined in their presence. The Appellate Authority did not go into the merits of such contentions.

(3.) UNDER Rule 9(3) of the Tamil Nadu Shops and Establishment Rules, 1948 (hereinafter referred to as "the Rules"), it is stated that the proceedings before him were summary and he shall record briefly the evidence adduced before him and then pass orders giving reasons therein.