MANAGEMENT Vs. DEPUTY COMMISSIONER OF LABOUR

JUDGEMENT

(1.) Heard both sides. Original files from the lower authority was directed to be summoned and circulated for reference.

(2.) This writ petition was filed by the management of Thoothukudi Agricultural Producers Cooperative Marketing Society Limited, challenging the order of the first respondent appellate authority under the Tamil Nadu Payment of Subsistence Allowance Act, 1981 dated 31.12.2003 in PSA No.2 of 2003.

(3.) The third respondent herein was working as a Salesman in the Society, who was arrested on 12.3.1997 and a criminal case was registered against him by the Civil Supplies CID for irregularities in the ration shop run by the society. Subsequently, he was placed under suspension with effect from 12.3.1997. His suspension order was revoked on 18.6.1997. He was directed to be placed in the wine shop with monthly salary of Rs.1800/-. Even while he was working in the place, the local people were aggrieved by his antisocial activities. He started absconding himself. When the management sent a letter, dated 2.7.2001 asking him to report for duty, there was also no reply. When the Branch Manager of the society went to the house of the third respondent to pay the subsistence allowance for the period from 12.3.1997 to 17.6.1997, his non employment certificate was demanded. But the same was not forthcoming. Therefore, he was not paid any subsistence allowance.