MANAGEMENT OF M S K T SPINNING MILLS PRIVATE LTD Vs. DEPUTY COMMISSIONER OF LABOUR SALEM APPELLATE AUTHORITY UNDER THE TAMIL NADU PAYMENT OF SUBSISTENCE ALLOWANCE ACT

JUDGEMENT

(1.) COMMON Order The petitioner is the management of Spinning Mill at Valasaiyur, Salem District. They have come forward to challenge an order passed by the 1st respondent appellate authority under the Payment of Subsistence Allowance Act, 1981 dated 8.6.2006. It is the common order passed by the 1st respondent appellate authority in P.S.AA Nos.1 and 2 of 2006 filed by the respective contesting 3rd respondent. By the impugned order, the 1st respondent allowed the appeals filed by the 3rd respondent and set aside the order passed by the 2nd respondent in P.S.A.Nos.31 and 32 of 2004 with two separate orders dated 15.12.2005.

(2.) THE Writ Petitions were admitted on 30.3.2009. Pending the Writ Petition, this Court granted interim stay on condition that the petitioner management pays the 3rd respondent in each of the Writ Petition 50% of the amount ordered by the 2nd respondent. Despite notice to the 3rd respondent, they have not appeared either in person or through counsel.

(3.) THE 3rd respondent denied the charges by identical reply dated 28.12.1999. It was thereafter, the stand of the management was that since their period of training came to an end on 31.12.1999, by a communication dated 30.12.1999, the services of the two 3rd respondents were dispensed with and they were also directed to come to the Mill to receive the balance of salary including subsistence allowance, if any. It is also claimed that the said order was sent by the certificate of posting to the respective 3rd respondent.