Q 1243 PUDHUVAKUDI PRIMARY AGRICULTURAL CO OPERATIVE BANK Vs. ASSISTANT COMMISSIONER OF LABOUR MADURAI

JUDGEMENT

(1.) THE petitioner in the present writ petition challenges the order of the first respondent, who is the authority under the Tamil Nadu Payment of Subsistence Allowance Act, 1981 [for short, 'psa Act'] made in P. S. A. No. 29 of 1997 and 31 of 1999 computing the payment of subsistence allowance in terms of the said Act amounting to a sum of Rs. 47 ,804 /- for the period from 12. 6. 1996 to 12. 10. 1997.

(2.) I have heard the arguments of Mr. A. P. Pasupathy , learned counsel appearing for the petitioner and Mr. V. R. Thangavelu , learned Government Advocate representing the respondents and have perused the records.

(3.) EVEN if it is held that the Act does not apply to the secretary of a society, tha t will absolve the society from paying the due allowance for the suspension. The writ petitioner has not produced before this Court the relevant bye-laws of the society, which was in existence at that time. EVEN before the first respondent, the said bye-laws were not filed. In paragraph 6 of the counter affidavit filed before the authority, it was stated as follows: ". . . Only then he was placed under suspension pending enquiry through the order dt. 11. 5. 97. Accordingly he was allowed subsistence allowance from 01. 05. 97 onwards until the completion of domestic enquiry, as and when it was due and as claimed by the petitioner. There was no denial of payment of subsistence allowance at any moment of time. "