MANAGEMENT VARAGANERI CO OPERATIVE BANK LIMITED TIRUCHIRAPPALLI Vs. APPELLATE AUTHORITY UNDER TAMIL NADU SHOPS

JUDGEMENT

(1.) THE writ petition has been filed by the petitioner, the Co-operative Society, challenging the Order of the first respondent passed in TNSS 4/2000 dated 23.07.2001 whereby, the appeal filed by the second respondent was allowed by exercising the power under Section 41(2) of the Tamil Nadu Shops and Establishments Act, 1947.

(2.) HEARD. Mr.R.Raghavan, learned counsel for the petitioner, and there is no appearance for the second respondent, even though the matter has been adjourned on last four occasions for the appearance of the second respondent's counsel. It is also seen from the records that the matter was posted on 29.10.2010, 02.11.2010, 03.11.2010 and 22.11.2010 specifically for appearance of the second respondent's counsel.

(3.) MR.M.R.Raghavan, learned counsel for the petitioner-Socieity submitted that the sanctioned strength originally was three, which was increased to 5 by the proceedings of the Joint Registrar to the 05.03.1997. Therefore, only in accordance with law, the Order was passed by the petitioner on 20.04.2000 informing the second respondent that her appointment was contrary to Section 149 of TNCS Act. The second respondent was also paid the amount of one month's salary before removal.