SPECIAL OFFICER THORAPPALLI PRIMARY AGRICULTURAL CO OPERATIVE BANK LTD KRISHNAGIRI DISTRICT Vs. M RAMAKRISHNAN

JUDGEMENT

(1.) THE petitioner is a Co-operative Society, represented by its Special Officer. THE Society filed the writ petition, seeking to challenge an order of the second respondent Labour Court, Salem in C.P.No.295 of 2004 dated 12.01.2007. By the impugned order, the Labour Court computed a sum of Rs.4,95,200/- as due and payable to the first respondent.

(2.) THE writ petition was admitted on 03.04.2007. Pending the writ petition, this Court directed the petitioner Society to deposit a sum of Rs.1 lakh to the credit of the CP within a period of four weeks. It is fairly submitted that the petitioner has not deposited the said amount.

(3.) THE petitioner Society filed a counter statement dated 22.09.2005. In the counter statement, it was stated that the petitioner had committed misappropriation during March 1989. Since he had not repaid the amount of Rs.9832.80, the Society was attempting to attach his properties. Though his suspension was in the year 1989, he has filed the claim petition only in the year 2004, nearly after a gap of 16 years. Under the provisions of Tamil Nadu Payment of Subsistence Allowance Act, 1981 the claim for subsistence allowance will have to be made within one year from the date on which the amounts become due. Inasmuch as the first respondent had not claimed the said amount within the limitation, he cannot make use of Section 33-C(2) of the Act to get over limitation. His appointment itself was done in contravention of Rule 149 of the Tamil Nadu Co-operative Societies Rules. As he was an irregular appointee, he was not eligible for any payment.