CHANDRASEKAR B Vs. MGMT OF PARRY CO LTD

JUDGEMENT

(1.) The writ appeal is directed against the order of the learned single Judge, dated August 10, 1994, made in Writ Petition No. 5108 of 1987.

(2.) The first respondent here in-Management of Parry and Company, aggrieved, by the order of the Deputy Commissioner of Labour (Appeals), Madras (Appellate Authority under the TNSE Act) Madras 6, in TSE. No. 24 of 1985, dated August 1, 1986, filed Writ Petition No. 5108 of 1987, before this Court. An objection raised before the learned Judge stating that the appellate authority who said to have passed an order on August 1, 1986 was relieved of the post and assumed as Deputy Commissioner of Labour (Inspection). Accordingly the said authority did not pass orders in the appeal, filed by the appellant herein on or before August 1, 1986 when he ceased to be the appellate authority under the Tamil Nadu Shops and Establishments Act (in short, the Act). They also received the order bearing the signature of the appellate authority dated August 1, 1986, only on 5 January 1987. Since the impugned order had been passed after the appellate authority ceased to hold the office, it will be one without authority. On the basis of the averments made in the affidavit, particularly in Paras 15 and 16 and in the absence of counter-affidavit by the authority explaining the same, the learned Judge allowed the writ petition and directed the authority to pass fresh orders within reasonable time and communicate the same within a week after the order. Against the said order of the learned Judge, the second respondent therein has preferred the present appeal.

(3.) In view of the limited question raised in the writ appeal, we are not referring the reason for filing the writ petition and the case of the appellant herein for the present.