MADURAI DISTRICT PANDIYAN CONSUMER CO-OPERATIVE WHOLESALE STORES LIMITED Vs. DEPUTY COMMISSIONER OF LABOUR APPELLATE AUTHORITY UNDER TAMIL NADU SHOPS AND ESTABLISHMENTS ACT 5/2 KOOTURAVU MALIGAI INDRA NAGAR ANNA NAGAR EAST Ï 625 020

JUDGEMENT

(1.) THIS writ petition has been filed challenging the award passed by the Labour Court, where under, the dismissal of the workman was set aside only on the ground that subsistence allowance was not paid and therefore, the authority found that the enquiry itself was vitiated.

(2.) THE question whether the enquiry is vitiated merely on the ground of non-payment of subsistence allowance is moot in this case, since the second respondent, while making a claim for subsistence allowance, had not pleaded the non-payment of subsistence allowance for his non-participation in the enquiry, but marriages in the family, illness in the family etc. , as the reason. However, the first respondent/appellant authority had come to the conclusion that the enquiry was vitiated. If so, the appellate authority ought to have permitted the petitioner herein to adduce evidence to support their order of dismissal. I do not intend to go into the merits of the case since it is only on this ground that I am remitting the matter to the first respondent for fresh consideration after giving an opportunity to the parties to adduce evidence.

(3.) SINCE the subsistence allowance has admittedly not been paid, the amount of Rs. 6,772 which was directed to the deposited by the authority under the Tamil Nadu Payment of Subsistence Allowance Act may be withdrawn by the second respondent.