LAWS(MAD)-2016-4-516

E E 423 UDANGUDI PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY Vs. DEPUTY COMMISSIONER OF LABOUR; S MUTHUKUMAR

Decided On April 13, 2016
E E 423 UDANGUDI PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY Appellant
V/S
DEPUTY COMMISSIONER OF LABOUR; S MUTHUKUMAR Respondents

JUDGEMENT

(1.) Mr.N.Dilipkumar, learned counsel appearing for the appellant has consented for the appeals being taken up for disposal.

(2.) Though several grounds have been raised challenging the correctness of the order made M.P.(MD)Nos.1&2 of 2015 in W.P.(MD)No.15009 of 2015, Mr.N.Dilipkumar, learned counsel for the appellant has contended that prior to passing of the order in TNSE.No.1 of 2012, directing reinstatement of the 2nd respondent with backwages, he was involved in a criminal case in Crime No.4 of 2014, which was taken on file in C.C.No.144 of 2014, on the file of learned Judicial Magistrate, Tiruchendur, committing theft of Railway property, and that he is being prosecuted for an offence under Section 3(a) of Railway Property (unlawful Possession) Amendment Act of 2012, and that in the event of conviction, appropriate orders should be passed by the Society and in such circumstances, direction issued by the Writ Court in M.P.(MD)Nos.1&2 of 2015 in W.P.(MD)No.15009 of 2015, dated 05.01.2016, are to be set aside.

(3.) We have heard Mr.N.Dilip Kumar, learned counsel appearing for the appellant and Mr.M.Govindan, learned Special Government Pleader for the 1st respondent and perused the materials available on record and the order impugned.