L SUBBIAN Vs. DEPUTY COMMISSIONER OF LABOUR COIMBATORE

JUDGEMENT

(1.) THE writ petition is taken up with the consent of the parties. Mr. T. S. Gopalan has stated that he has filed vakalat today for the second respondent.

(2.) THE prayer in the writ petition is to issue a certiorarified mandamus calling for the concerned records of the first respondent in TNSE Case No. 1 of 1989 and quash the order made therein with a consequential direction to the first respondent to dispose of the appeal on merits. THE petitioner was employed for more than 35 years in the second respondent-company as a Supervisor drawing a salary of Rs. 2 ,07 5 per mensem. On 1. 11. 1988 the second respondent staled that the management had changed hands and the services of the petitioner were no longer required. THE petitioner protested stating that he was entitled to continue in service till attained the age of 58 years. But his services were terminated by oral orders from 1. 11. 1988. Against the oral order of termination, the petitioner sent a letter on 2. 12. 1988 and demanded restoration of services. THE second respondent sent a letter slating that further lime was required to send a reply. Subsequently, the petitioner received a lawyer's notice dated 6. 1. 1989 to which he sent a reply on 1. 8. 1989 As the second respondent was not inclined to restore the petitioner to service, the petitioner filed an appeal to the first Respondent, as he is competent authority to hear an appeal under sec. 41 (2) of the Tamil Nadu Shops and Establishments Act, 1947.

(3.) THE writ petition is allowed accordingly. THEre will be no order as to costs. .