MANAGEMENT SP SPL 30 SRIVILLIPUTHUR PRIMARY AGRICULTURAL COOPERATIVE BANK Vs. APPELLATE AUTHORITY UNDER THE TAMILNADU SHOPS AND ESTABLISHMENT ACT

JUDGEMENT

(1.) THE petitioner is the Management of Primary Agricultural Cooperative Bank at Srivilliputhur. Aggrieved by the order passed by the first respondent Appellate Authority under the Tamil Nadu Shops and Establishment Act (for short Shops Act) in T.N.S.E.No.1/05, the writ petition was filed. By the impugned order, the first respondent Appellate Authority set aside the order dated 15.12.2004 dismissing the second respondent from service.

(2.) NOTICE of motion was ordered on 01.11.2006. Pending the notice of motion, an interim stay was granted which was extended from time to time and on 19.02.2007, it was extended until further orders.

(3.) THE Appellate Authority registered the appeal as T.N.S.E.No.1/2005. Before the Appellate Authority, on the side of the petitioner Management, 19 documents were filed and were marked as Exs.R1 to R19. On the basis of the said documentary evidence, the Appellate Authority found that there is no legal evidence in the domestic enquiry and the role of the workman being Salesman was not proved beyond reasonable doubt. Since the charges were not proved, the order of dismissal dated 15.12.2004 was set aside.