P NAGAPPAN Vs. DEPUTY COMMISSIONER OF LABOUR

JUDGEMENT

(1.) The writ petition is filed under Article 226 of the Constitution of India seeking writ of certiorari calling for records pertaining to the order of the first respondent passed in his proceeding No. TSE-II 6/03 dated 09.03.2006 confirming the order dated 21.06.2003 passed by the second respondent and quash the same.

(2.) The petitioner was working as the Secretary of the Vadakailasam Primary Agricultural Cooperative Bank Ltd., Panruti, from the year 1976. The Joint Registrar of Cooperative Societies, Cuddalore, as per his order No. Rc. 7674/2000 Po. Pa. Ni. 1, dated 19.09.2000, suspended the petitioner from service on 19.09.2000 and pursuant to the same a charge memo No. Rc. 7674/2000 Po. Pa. Ni. 3, dated 10.07.2001 was issued on the petitioner.

(3.) Aggrieved by the said order dated 19.09.2000, the petitioner preferred an appeal before the Deputy Commissioner of Labour, the first respondent herein, however the same was dismissed without considering the appeal on merits. It was also contended that the Secretary of the Cooperative Bank would not come within the purview of managerial category as he was only a workman, and he could not invoke the jurisdiction of the Labour Court. Hence he had to file the appeal under the Shops and Establishment Act and Rule 149 (18)(b) of the Tamil Nadu Cooperative Societies Rules, 1988, as it was before July 1995, provided a right to the employees to have the opportunity of personal hearing. However, the second respondent society has not adopted the bye-laws and that the second respondent, based on the biased report of the enquiry officer, issued show cause notice dated 19.12.2002, proposing the punishment of dismissal of the petitioner from service. Though the petitioner submitted his reply on 17.01.2003, without a proper appraisal of the explanations offered by the petitioner, the second respondent passed the order on 21.06.2003 dismissing the petitioner from the service of the bank.