MANAGEMENT, SPECIAL OFFICER Vs. ASSISTANT COMMISSIONER OF LABOUR AND M NAGARAJAN, S/O MARIAPPAN, V SALVARPATTI

JUDGEMENT

(1.) The Petitioner prays for issuance of a Writ, in the nature of Certiorari, to quash the order passed by the Appellate Authority, in exercise of power under Section 41(2) of the Tamil Nadu Shops and Establishments Act 1947.

(2.) The second Respondent herein was employed as Salesman in a fair price shop on 08.01.2000, on temporary basis in pursuance to the Resolution passed by the Petitioner. After the second Respondent had put in more than four years of service, he was terminated. It is not in dispute that the appointment of the second Respondent was against permanent vacancy.

(3.) The case of the Petitioner, is that as the appointment of the second Respondent was not made in terms of the Tamil Nadu Co-operative Societies Rules, therefore, the services were terminated, after issuance of a show cause notice.