MANAGEMENT OF THE LAKSHMI VILAS BANK LTD Vs. DY COMMISSIONER OF LABOUR APPEALS APPELLATE AUTHORITY UNDER SEC 412 OF THE TNSE ACT

JUDGEMENT

(1.) The Management of Lakshmi Vilas Bank Ltd., has prayed for the issue of a writ of certiorari calling for the records of the first respondent/Deputy Commissioner of Labour(Appeals) (Appellate Authority) under section 41 (2) of the Tamil Nadu Shops and Establishments Act, 1947 in TSC Case No.8/94 and quash its order dated 13.3.1997.

(2.) Heard Mr.V.Karthik, for M/s.T.S.Gopalan and Co., appearing for the petitioner, Mr.S.Ayyadurai, learned counsel appearing for the second respondent and Mrs.D.Malarvizhi, learned counsel appearing for the first respondent.

(3.) The petitioner, a Banking company had its registered office at Jawahar Bazaar, Karur intially and shifted to Sengunthapuram village Karur. The petitioner bank put up its own building at Kathupalayam Village outside Karur Municipality in the year 1992 and shifted its registered office as well as administrative office to its premises at Kathuparai. The second respondent was appointed as a clerk during the year 1980 and worked in various Branches and lastly posted to Kandili Branch, Thirupathur Taluk. The Tamil Nadu Shops and Establishments Act applies to shops, commercial establishments and certain other establishments according to the petitioner. According to the petitioner the said enactment applies to whole State of Tamil Nadu. Section 1(3)(a) provides that the Act shall come into force on such date as the State Government may notify and appoint authority, respectively (1) for the City of Madras (2) All Municipalities stated under the District Municipalities Act and (3) All areas within the jurisdiction of Panchayats.