JACOB KOSHY Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) THE Writ Petition can be disposed of in a very short ground. The prayer is to quash the order passed by the Appellate Authority under Section 41 (2) of the Tamilnadu Shops and Establishments Act, 1947 in T. S. E. A. Case No. 5 of 1984 on March 25, 1985.

(2.) THE petitioner was an employee as Office Assistant-Cum-Driver under the second respondent. His services were terminated by an order dated February 8, 1984. The same was challenged by the petitioner in an appeal under Section 41 (2) of the Tamil Nadu Shops and Establishments Act before the first respondent. A counter was filed by the second respondent in the appeal. The petitioner's counsel sought permission of the authority to lead evidence to decide the question as to the validity of the domestic enquiry conducted by the second respondent. Evidence was partly recorded. When the petitioner was in the witness box, the second respondent's counsel put some questions to the witness relating to the merits of the case. The petitioner's counsel objected thereto by pointing out that the question on merits did not arise for consideration at that stage as the authority had to decide whether the domestic enquiry was valid or not and whether there has been any procedural defect in the enquiry. On that question, the authority directed both the counsel to argue. Arguments were heard on March 7, 1985 and March 26, 1985. But an order bearing dated March 25, 1985 was passed by the authority holding on the merit that the domestic enquiry was validly held and that the petitioner failed to utilise the opportunity given to him to appear before the officer who held the domestic enquiry.

(3.) THE first respondent directed the parties to argue the merits of the appeal without letting in any additional evidence. It is that order which is challenged in this writ petition by the petitioner.