MANAGEMENT OF ARASOOR PRIMARY AGRL CO OPERATIVE BANK LTD Vs. APPELLATE AUTHORITY TAMIL NADU SHOPS AND ESTABLISHMENT

JUDGEMENT

(1.) The first two writ petitions were filed by the Management of Arasur Primary Agricultural Cooperative Bank. The third writ petition was filed by the contesting respondent, who is an employee of the Bank.

(2.) In the first writ petition, the challenge was to the order, dated 28.3.2001 made in TSE Case No. II.13/2001 passed by the first respondent, appellate authority under the Tamil Nadu Shops and Establishments Act, 1947. By the said order, the first respondent being the appellate authority set aside the dismissal made against the second respondent workman, dated 09.10.1999. The said writ petition was admitted on 24.7.2002. Pending the writ petition, this Court granted an interim stay. The contesting respondent filed a vacate stay application. The stay application as well as vacate stay application were heard together and were disposed of by this Court on 28.8.2003. This Court held that since the petitioner Bank was not interested in paying any amount and also arrears of salary, the stay application was rejected and the vacate stay application was closed.

(3.) In view of there being no interim order, the contesting respondent filed a claim petition under Section 33C(2) of the Industrial Disputes Act, claiming benefit of the order passed by the appellate authority. He claimed a sum of Rs. 3,33,851/-. The claim statement was taken on file as C.P. No. 984 of 2003. After trial, the CP was ordered directing payment of wages from July, 1997 to November, 2003, amounting to Rs. 3,33,851/-. It is against this order, the second writ petition was filed by the management. It was admitted on 21.12.2004 and was directed to be taken along with the other writ petition.