MANAGEMENT ANANTHAMANGALAM PRIMARY AGRICULTURAL CO-OPERATIVE BANK KANCHEEPURAM DISTRICT Vs. ASSISTANT COMMISSIONER OF LABOUR

JUDGEMENT

(1.) THE petitioner in the above writ petitions is a Primary Agricultural Co-operative Bank at Ananthamangalam, Mathuranthagam Taluk, Kancheepuram District. Aggrieved by the order, dated 05.09.2002, passed by the authority under the Payment of Subsistence Allowance Act (Tamil Nadu Payment of Subsistence Allowance Act, 1981) (hereinafter referred to as "the Act"), the writ petition has been filed.

(2.) IT is admitted that the contesting second respondent was suspended and he is eligible for payment of subsistence allowance on account of his suspension. However, the petitioner-society did not grant subsistence allowance to the contesting second respondent. His plea was that the prerequisite for getting allowance was production of non-employment certificate. This made the second respondent to move the authority under the Act, namely, the first respondent, with a claim under Section 3 of the Act. Even before the said authority, the petitioner-society made a similar plea, which was rejected by the authority and the authority computed certain amounts in favour of the contesting second respondent. As against the order passed by the first respondent, Rule 5 (a) of the Tamil Nadu Payment of Subsistence Allowance Rules, 1981, provides for an appeal within sixty days. The petitioner did not avail the said appellate remedy. Perhaps, the proviso to said rule requires the deposit of the entire amount.

(3.) EVEN the petitioner did not comply with the interim order and also failed to avail the appeal remedy provided under the Act. Under those circumstances, this Court is not inclined to entertain the above writ petitions. Hence, the above writ petitions stand dismissed. No costs.