MANAGEMENT ANDIPATTI CO-OPERATIVE STORES LIMITED Vs. APPELLATE AUTHORITY TAMIL NADU SHOPS AND ESTABLISHMENT ACT TRIBUNAL DINDIGUL

JUDGEMENT

(1.) THE petitioner is a co-operative society. Aggrieved by the order passed by the first respondent/Appellate Authority under Section 41(2) of the Tamil Nadu Shops and Establishments Act, 1947 (for brevity "the Shops Act"), the petitioner has come forward with the present writ petition.

(2.) THE first respondent/Appellate Authority entertained an appeal filed by the second respondent against the order of termination dated 27.7.1998. THE appeal filed by the second respondent was entertained as T.N.S.E.A.No.11 of 2000 and notice was issued to the petitioner/society. THE petitioner/society filed a detailed counter statement dated 11.5.1999. In the counter statement, the petitioner/society raised a preliminary objection, viz., non maintainability of the appeal on two grounds. THE first ground was that the second respondent was a Manager of the Store and therefore, he, not being a workman, is not entitled file an appeal. THE second objection was that the Tamil Nadu Co-operative Societies Act provides for remedies and therefore, the appeal provision under the Shops Act is not maintainable.

(3.) WITH reference to the non-applicability of the provisions of the Shops Act in respect of the co-operative societies, the State Government by notification No.II(2)/Labour and Employment Department/5671/1979 had applied the provisions of Sections 31, 41, 43, 50 and 51 of the Shops Act in relation to all co-operative societies. Therefore, notwithstanding the remedy by way of a revision available under Section 153 of the Tamil Nadu Co-operative Societies Act, the workman has a right to file an appeal under the Shops Act. Therefore, both the objections raised by the petitioner/management are clearly not maintainable and on that ground, the order of the first respondent cannot be set aside.