MANAGEMENT Vs. AUTHORITY

JUDGEMENT

(1.) The order passed by the authority under the Tamil Nadu Shops and Establishments Act, 1947 is under challenge in the present writ petition.

(2.) The writ petitioner is a Company registered under the provisions of the Companies Act and in its factory at SIPCOT Industrial Park, Irrungattukottai, Sriperumbudur Taluk, Kacheepuram District in Tamil Nadu, the petitioner is engaged in the business of manufacture of passenger cars. 2. The second respondent joined the service of the petitioner on 1/11/2006 as Business Associate Trainee-II and he was made permanent on 1/6/2008. The second respondent was promoted as Junior Officer [General Affairs] and his place of work is situated inside the factory. The Car manufacturing factory is within the meaning of Factories Act, 1948 and the second respondent was a worker within the meaning of Sec. 2(1) of the said Act.

(3.) The petitioner has narrated the chief functions and duties of the second respondent in his position as Junior Officer [General Affairs]. While so, on account of certain allegations, the second respondent was terminated from service. Challenging the order of termination, the second respondent approached the first respondent authority under the Tamil Nadu Shops and Establishments Act, 1947. The first respondent authority dismissed the preliminary objection raised by the petitioner regarding the maintainability of the petition. Hence, the present writ petition is filed.