PRESIDENT Vs. PRESIDING OFFICER

JUDGEMENT

(1.) WRIT Petition is to issue a writ of certiorari calling for the records of the first respondent in Award dated 31/1/1997 made in I. D. No. 128 of 1993 on the file of the labour Court, Salem and to quash the same.

(2.) IN the affidavit filed in support of the writ petition, the petitioner Bank would submit that it is a Society registered under the Tamil Nadu Cooperative Societies Act, 1983 functioning as per the Tamil Nadu Cooperative Societies Act 1983 and Rules 1988 and also its own bye-law; that there is a special bye-law relating to the service conditions of the employees; that the second respondent was appointed as a Clerk in the Unjalur Primary Cooperative Bank and thereafter, he was appointed as Paid Secretary from 9/5/1970 and he was in service till 24/11/1977; that thereafter certain charges were framed against the second respondent for misappropriation; that on 16/12/1977, the second respondent was removed from service and after proper enquiry as contemplated under the Act and Rules, he was terminated from service on 25/11/1977.

(3.) THE petitioner would further submit that the second respondent filed an appeal before the Deputy Registrar of Cooperative Society, Periyar District and after enquiry, The Deputy Registrar of Cooperative Society, Periyar District, ordered for reinstatement with backwages; that aggrieved, the petitioner has come forward to file the above Writ petition for the relief extracted supra.