P R PERIYASAMY Vs. JOINT COMMISSIONER OF LABOUR

JUDGEMENT

(1.) With the consent of both parties, the writ petition itself is taken up for final disposal.

(2.) The petitioner was employed as a Area Manager with the second respondent from 16.09.1999. He was suspended from service by an order dated 18.08.2006. According to the second respondent, the suspension was revoked by an order dated 30.09.2006. It is also the case of the second respondent that subsistence allowance was paid from 19.08.2006 to 30.09.2006. After the revocation of suspension order, the petitioner did not report for duty. But it is the case of the petitioner, that he was orally terminated from service on 05.10.2006.

(3.) The petitioner filed an application under the Tamil Nadu Payment of Subsistence Allowance Act in P.S.A. No. 2 of 2010 claiming subsistence allowance from 05.10.2006 to 30.04.2009 for Rs. 3,45,150/- The authority dismissed the application in P.S.A. No. 2 of 2010 on 30.06.2011. The order of the authority was on the basis that once the first respondent passed an order setting aside the oral termination, the petitioner cannot claim subsistence allowance for the period after 05.10.2006. Thereafter, the petitioner filed an appeal in A.P.S.A. No. 10 of 2011 before the first respondent against the order dated 30.06.2011. The petitioner also filed I.A. No. 1 of 2012 in A.P.S.A. No. 10 of 2011 to let in evidence in the appeal to mark the order of the first respondent dated 10.12.2008 in T.N.S.E. Case No. 3 of 2008, as an exhibit on his side. The first respondent passed an order dated 27.03.2012 dismissing I.A. No. 1 of 2012 in A.P.S.A. No. 10 of 2011. Challenging the same, the petitioner has filed the present writ petition.