ARUMUGAMANGALAM PRIMARY AGRICULTURAL CO-OPERATIVE BANK LTD Vs. DEPUTY COMMISSIONER OF LABOUR, APPELLATE AUTHORITY, (TAMIL NADU SHOPS AND ESTABLISHMENTS ACT 1947)TIRUNELVELI

JUDGEMENT

(1.) The petitioner is the Special Officer of Arumugamangalam Primary Agricultural Co-operative Bank Ltd. , situated at Kottarkurichi Village, Arumugamangalam, Srivaikuntam Taluk.

(2.) The second respondent was its Secretary from 23.2.1996. He joined the said petitioner society on 1.3.1990. On 10.8.2000, the second respondent was kept under suspension. Subsequently, on his making representation to the Deputy Registrar Co-operative Society, Tuticorin, he directed that a domestic enquiry should be conducted and thereafter, an enquiry was conducted against him. The second respondent was dismissed from service on 20.9.2003, after the enquiry. He filed a Writ Petition being W. P. No.32663 of 2002 and the said Writ Petition was dismissed on the ground that it was for the petitioner to explain to the charges and face the enquiry.

(3.) The second respondent also filed a Writ Appeal being W. A. No.2256 of 2003 and when the matter was taken up for consideration, the Division Bench was informed that the second respondent had been dismissed and he had not questioned the dismissal order dated 20.9.2003. In view of the said submission, the Division Bench by its Judgment dated 23.3.2004 granted liberty to the second respondent to question the order of dismissal in the manner known to law and on such grounds as are open to him.