MANAGEMENT OF KANCHEEPURAM CENTRAL CO-OPERATIVE BANK LIMITED, REP BY ITS GENERAL MANAGER Vs. DEPUTY COMMISSIONER OF LABOUR (APPEALS) AND R MURUGAPPAN

JUDGEMENT

(1.) This writ petition has been filed for the issuance of the writ of certiorari, to call for the records pertaining to the orders of the first respondent made in T.S.E. No. 1 of 1997 dated 05.07.1999, and to quash the same.

(2.) The brief facts that are necessary for the disposal of the writ petition is as follows:

(3.) The learned counsel for the petitioner submitted that the appellate authority has applied a wrong provision and has come to the conclusion that the punishment is invalid. He referred to a Provision which provides absenting for more than two years and the appellate authority came to the conclusion that only for violation of that rule, he was dismissed form service. But, in fact, there is another bylaw 45(8) which deals with such absence similar to the petitioner's absence. This Bylaw makes the act punishable with imposition of penalties. Therefore, the bylaw provides for punishment on a person for not joining after completion of the leave. Therefore, the order of the appellate authority is liable to be set aside for non-application of mind.