ERRANIEL SARVODYA SANGAM Vs. ASSISTANT COMMISSIONER OF LABOUR

JUDGEMENT

(1.) The Petitioner is the Sarvodya Sangam, at Eraniel, Neyyoor, Kanyakumari District. They have come forward to challenge the Notice issued by the First Respondent, the Assistant Commissioner of Labour, Tirunelveli.

(2.) When the matter came up on 29.6.2010, the Writ Petition was admitted. Pending the Writ Petition, an interim stay was granted. Subsequently, the Respondent had engaged a Counsel and also filed a Vacate Stay Application in M.P.(MD) No. 2 of 2010, supported by a Counter Affidavit dated 17.8.2010. The Writ is in the nature of Prohibition and seeks to question the jurisdiction of the First Respondent in entertaining the Claim Petition from the Second Respondent claiming Subsistence Allowance on the ground that he was placed under suspension.

(3.) The Second Respondent was employed by the Petitioner-Association and in view of the certain alleged irregularities, a Criminal case was also registered against him in Crime No. 5 of 2005, under Sections 408 r/w 420 of I.P.C. He was also placed under suspension on 20.12.2003. Since he was not paid any allowance, he filed an Application claiming Subsistence Allowance for the period from 20.12.2003 to 19.12.2005. The said Application was numbered as P.S.A. No. 16/2005 and notice was served on the Petitioner. For the subsequent period from 18.12.2005 to 1.3.2006, he filed another Application being P.S.A. No. 7/2007, claiming Subsistence Allowance. Since the Petitioner terminated the service of the Second Respondent, he has also raised a dispute and the same is pending adjudication by the Labour Court, Tirunelveli, as I.D.O.P. No. 90 of 2006.