SUPERINTENDING ENGINEER MADURAI ELECTRICITY DISTN CIRCLE TAMIL NADU ELECTRICITY BOARD Vs. R CHITHRABAI

JUDGEMENT

(1.) THIS Writ Petition has been filed by the petitioner challenging the order passed by the second respondent in C.P.No.101 of 1998, directing him to pay a sum of Rs.4,89,268/- to the first respondent together with interest at the rate of 6% from the date of the order till the date of payment.

(2.) THE first respondent was temporarily appointed by the petitioner as an Assessor on 03.01.1983. Her service was terminated on 09.09.2003 on the ground that, they were not satisfactory. Challenging the order of termination, the first respondent filed an application in T.N.S.E. No.5 of 1992 under Section 41(2) of the Tamil Nadu Shops and Establishment Act, 1947. An application was also filed in I.A.No.2 of 1992 by the first respondent seeking to condone the delay in filing the application to set aside the order of termination. THE said application was allowed by the authority constituted under the Tamil Nadu Shops and Establishment Act, 1947. THE petitioner earlier filed a Writ Petition before this Court challenging the said order. This Court in W.P.No.6015 of 1993, dated 28.10.1996 was pleased to dismiss the Writ Petition.

(3.) IN support of his contention, the learned counsel has made reliance upon the judgment of the Honourable Apex Court in MUIR MILLS UNIT OF NTC (U.P.) LTD. vs. SWAYAM PRAKASH SRIVASTAVA [(2007) 1 SCC 491]. Therefore, the learned counsel submitted that the Writ Petition will have to be allowed.