MANAGEMENT T P SPL 67 GOUNDANPALAYAM PRIMARY AGRICULTURAL COOPERATIVE BANK LTD Vs. ASSISTANT COMMISSIONER OF LABOUR THE AUTHORITY UNDER THE PAYMENT OF SUBSISTENCE ALLOWANCE ACT SALEM

JUDGEMENT

(1.) PETITION praying to issue a writ of certiorari calling for the entire records of the order passed by the first respondent herein in Payment of Subsistence Allowance Case Nos.4 of 1998 and 13 of 1998 dated 29.6.199 and quash the same.

(2.) IN the affidavit filed in support of the writ petition, the petitioner Bank would submit that it is a Society registered under the Tamil Nadu Cooperative Societies Act, 1983 functioning as per the Tamil Nadu Cooperative Societies Act, 1983 and Rules 1988 and also its own bylaw; that there is a special bylaw relating to the service conditions of the employees; that the second respondent was employed as the Secretary in the petitioner Bank from 1.4.1973 to the date of his suspension on 27.6.1996, on a monthly salary of Rs.4,746; that the second respondent acted against the interest of the Bank and also lapses, misconduct and so many irregularities have been committed on his part, which resulted in suspending him from service on 27.6.1996 and after proper enquiry as contemplated under the Act and Rules, he was terminated from service on 1.12.1997; that the work performed by the second respondent was purely managerial in nature.

(3.) THE points for consideration as per the first respondent is (i) whether the second respondent is an employee or not as per the definition Section 2(a) of the Tamil Nadu Payment of Subsistence Allowance Act, 1981 and (ii) what shall be the amount that the second respondent is entitled to"