SUPERINTENDING ENGINEER SALEM ELECTRICITY SALEM Vs. M PALANI

JUDGEMENT

(1.) THE Superintending Engineer, Salem Electricity Distribution Circle, Tamil Nadu Electricity Board, Salem is the writ petitioner. THE present writ petition has been filed against the order passed by the third respondent/Appellate Authority under the Tamil Nadu Payment of Subsistence Allowance Act (for brevity, "Tamil Nadu Act 43 of 1981"). By the order passed by the third respondent/Appellate Authority, he has reversed the order passed by the second respondent/Authority constituted under the Tamil Nadu Act 43 of 1981.

(2.) THE first respondent claimed subsistence allowance before the second respondent for the period from November, 1995 to September, 1997. He was finally dismissed from service on 1.10.1997. THE second respondent took up the case as P.S.A.56 of 1998. THE Authority held that the subsistence allowance application is not maintainable and the first respondent cannot claim subsistence allowance on the basis of the revision of the wages that took place subsequently.

(3.) THE learned counsel for the petitioner, Mr.B.Sekar stated that subsistence allowance as on the date of dismissal was paid to the first respondent and merely because there was a revision of wage subsequently, that will not count for the purpose of calculating the subsistence allowance and the authority is incompetent to compute such amount and in such cases, the question of any balance wages to be paid can be determined only after the penalty imposed on the workman is determined one way or the other.