SPECIAL OFFICER TAMIL NADU CONSUMER CO OPERATIVE FEDERATION LIMITED MADRAS Vs. ASSISTANT COMMISSIONER OF LABOUR AUTHORITY UNDER THE TAMIL NADU PAYMENT OF SUBSISTENCE ALLOWANCE ACT 1981 TIRUCHIRAPALLI

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the order of the first respondent dated 10.7.1987 in P.S.A.No.18 of 1937.

(2.) THE Management has filed this writ petition. THE second respondent was an employee working as a Junior Assistant in the petitioner concern at Tiruchirapalli. He was kept under suspension from 8.5.1985. After the receipt of the explanation form the second respondent, an enquiry was conducted on 27.7. 1985. THE second respondent took adjournments on several occasions. THE enquiry was adjourned to 31.8.1985. In the mean time, the second respondent filed O.S. No.1682 of 1985 on the file of District Munsif's Court, Tiruchirapalli and obtained an order of interim injunction in LA. No. 1284 of 1985 on 21.10.1985 restraining the petitioner from conducting the domestic enquiry. After obtaining an orderof injunction the second respondent filed P.S.A. No.18 of 1987 claiming the subsistence allowance for the period from 22.4.1986 to 30.4.1987. In the first instance, the first respondent awarded a sum of Rs.2,281.64 on 10.7.1987. Secondly, on 27.7.1987 the first respondent has also awarded another asum of Rs.4,563.29 as subsistence allowance.

(3.) THE contention of the learned counsel for the petitioner is that inasmuch as the second respondent filed a suit O.S. No. 1682 of 1985 on the file of District Munsif's Court, Tiruchirapalli and obtained an order of interim injunction in LA. No.1284 of 1985 on 21.10.1985 restraining the petitioner management from proceeding further with the enquiry he is not eligible for the subsistence allowance. THE domestic enquiry was finally adjourned on 31.8.1985. Without attending the enquiry, the second respondent filed O.S. No.1682 of 1985, on the file of the District Munsif's Court, Tiruchirapalli and has obtained an order of injunction in LA. No.1284 of 1985 on 21.10.1985, and the same is pending. THEreafter the second respondent filed P.S.A. No.18 of 1987, for subsistence allowance for the period from 22.4.1986 to 30.4.1987.