MEKKAMANDAPAM PRIMARY AGRICULTURAL COOPERATIVE BANK LTD Vs. T CHELLAM AND ASSISTANT COMMISSIONER OF LABOUR, TRIVANDRUM ROAD, PALAYAMKOTTAI, TIRUNELVELI DISTRICT

JUDGEMENT

(1.) The petitioner is the Primary Agricultural Cooperative Bank Ltd., represented by its Special Officer. In this writ petition, the challenge is to the order passed by the second respondent Assistant Commissioner of Labour-cumthe authority constituted under the Tamil Nadu Payment of Subsistence Allowance Act, 1981 (for short PSA Act) made in PSA No.14 of 2003, dated 8.2.2008. By the impugned order, the second respondent had computed a sum of Rs.2,97,867/- as due and payable towards subsistence allowance for the first respondent for the period from 12.6.2001 to 31.8.2004 on graded basis. When the writ petition came up on 3.4.2009, notice was issued to the respondents. Pending notice, this court directed the petitioner society to deposit Rs.1 lakh as a condition precedent for grant of stay. On notice, the respondents appeared through counsel.

(2.) The facts leading to filing of the case are as follows:

(3.) In the meanwhile, the Enquiry Officer who is an outside Advocate, had completed the enquiry ex parte and gave his report, dated 27.2.2002. The first respondent also filed a writ petition before the Principal Bench being W.P.No.31500 of 2002 challenging the charge memo, dated 20.12.2001. The said writ petition was dismissed on 31.7.2002 holding that there was no infirmity in the charge memo. However instead of conducting the suit, on 29.4.2004, she withdrew the suit before the District Munsif Court and the same was dismissed as withdrawn. The first respondent had attained her age of superannuation on 31.8.2004. The surcharge proceedings initiated against the first respondent was also challenged by the first respondent before the Cooperative Tribunal-cum- Principal District Judge, Kanyakumari in C.M.A.(CS)No.24 of 1999. That CMA was also dismissed by judgment and decree dated 12.8.2003. The society was also sought to be wound up under Section 137 of the Tamil Nadu Cooperative Societies Act. It is at this stage, the petitioner continue to maintain her application for subsistence allowance from the date of suspension till the date of her dismissal. Her application was taken on file as P.S.A.No.14 of 2003. Notice was ordered to the petitioner society. The petitioner society had filed an objection stating that the first respondent was also paid 50% of subsistence allowance as per the bylaws of the society. Since she herself stalled the enquiry proceedings by moving the civil court and obtained an injunction from passing the final order and subsequently withdrew the suit just four months before her age of superannuation and also challenged the charge memo before the Principal Bench, which was also dismissed, she was not eligible for any further amount as per Section 3 of the PSA Act. It is also stated that she was the manager of the Bank drawing more than Rs.5000/- and that she was not the workman within the meaning of Section 2(a) of the PSA Act.