SPECIAL OFFICER PALANI AGRICULTURAL PRODUCERS CO-OPERATIVE MARKETING SOCIETY LIMITED Vs. APPELLATE AUTHORITY, DEPUTY COMMISSIONER OF LABOUR AND C SIVAKUMAR

JUDGEMENT

(1.) The Petitioner invoked the writ jurisdiction of this Court to challenge the order passed by the appellate authority setting aside the order of termination of the second Respondent.

(2.) The Petitioner is a Special Officer of the Petitioner society. The case set up in the affidavit is that the second Respondent is the brother of the Petitioner-Special Officer of the society. The Petitioner being the Special Officer of the Petitioner society had appointed the second Respondent as driver of the lorry on 09.01.2004 on daily wages basis at a salary of Rs. 125/- per day in the month of July 2004. The salary of the second Respondent was thereafter fixed at Rs. 4000/- p.m.

(3.) The service of the second Respondent was thereafter terminated without enquiry or prior notice on 12.12.2004. The second Respondent being aggrieved by the order of termination filed a statutory appeal before the appellate authority. The appellate authority held the order of termination to be bad in law being violation of Section 41 of the Tamil Nadu Shops and Establishments Act, 1947, which reads as under: