HEAD-HUMAN RESOURCES Vs. APPELLATE AUTHORIT

JUDGEMENT

(1.) By this writ appeal, a challenge is made to the order dtd. 28/1/2022, by which the writ petition preferred by the writ petitioner/ writ appellant was allowed on certain conditions.

(2.) Learned counsel for the writ appellants submitted that the order passed by the authority under the Tamil Nadu Shops and Establishments Act, 1947 [for brevity, "the Act of 1947"] was challenged by maintaining a writ petition precisely raising many issues to show illegality in the order and the learned Single Judge appreciating the contentions put forth held that the reasoning given by the authority under the Act of 1947 was not proper. While remanding the matter to the authority on the issues raised by the writ appellants, an order was passed to pay a lump sum amount of Rs.10.00 lakh and also to pay the last drawn salary, recording the consent of the writ appellants. A representation was immediately made to question recording of the consent of the counsel for the writ appellants and thereupon a modified order/ corrected order was issued on 28/1/2022.

(3.) Learned counsel submitted that the second respondent was subjected to an order of dismissal, however, immediately, thereupon he had tendered a resignation letter and the management accepted the resignation letter and thereby the dismissal was substituted by resignation. Ignoring the aforesaid, the authority under the Act of 1947 entered into the issue of validity of the dismissal order and therein without providing an opportunity to the management to lead evidence to prove the charges, an order was passed holding the dismissal order to be illegal. The said order was questioned by maintaining a writ petition.