MANAGEMENT IRUDHUKOTTAI PRIMARY AGRICULTURAL CO OPERATIVE CREDIT SOCIETY LTD Vs. PRESIDING OFFICER LABOUR COURT SALEM

JUDGEMENT

(1.) THE petitioner is the Management of Irudhukottai Primary Agricultural Cooperative Credit Society, represented by its Special officer. THEy have come forward to challenge an order passed by the first respondent, Labour Court, Salem in C.P.No.100 of 2008 dated 08.07.2009. By the impugned order, the Labour Court computed a sum of Rs.2,83,039/- as due and payable to the second respondent.

(2.) THE writ petition was admitted on 22.10.2009. Pending the writ petition, this Court granted an interim stay on condition that the petitioner Management deposits 50% of the amount as ordered by the Labour Court to the credit of the first respondent within a period of eight weeks. It is stated that the petitioner had deposited a sum of Rs.1,41,520/- vide Demand Draft dated 26.11.2009 with the Labour court.

(3.) THE petitioner Society had filed a counter statement dated Nil (September 2008). THE contention raised by the petitioner Management was that the second respondent was placed under suspension with effect from 11.06.2003 due to arrest in a criminal case. THE said case related to misappropriation and after arrest, he was remanded to custody. Subsequently, a charge sheet was filed and the same ended in conviction. However, he was let out under the Probation of Offenders Act. THE subsistence allowance was claimed on the basis of revised salary but such a subsistence allowance on the basis of revision is not permissible and it can be claimed only based on his last drawn salary viz., Rs.4,216/-.