MANAGEMENT Vs. PRESIDING OFFICER/ DEPUTY COMMISSIONER OF LABOUR

JUDGEMENT

(1.) THIS Writ Appeal is filed against the order of the learned single Judge dated 19.12.2011 wherein the learned single Judge rejected the Writ Petition filed by the Management.

(2.) THE Management/appellant herein filed this Writ Petition for a Writ of Certiorari to quash the proceedings of the first respondent relating to the second respondent herein terminating the service of the said respondent. Learned single Judge rejected the Writ Petition on the ground that the first respondent, namely, the Presiding Officer/Deputy Commissioner of Labour, the appellate authority under the Tamil Nadu Shops and Establishments Act found that though the management had stated that an enquiry was conducted to verify the genuineness of the second respondent's educational qualification, no document was produced before the appellate authority to establish that any preliminary enquiry was conducted and that there was any show cause notice issued to the second respondent before terminating him from service. Pointing out that the appointment of the second respondent was under Settlement Clause 12(3) of the Industrial Disputes Act, the learned single Judge, rejected the plea of the Management. Hence the present Appeal.

(3.) LEARNED counsel further pointed out that the mere fact that the Management had not taken any criminal action against the second respondent, per se, would not make his appointment one in accordance with law with requisite qualification.