PUDHUVAKUDI PRIMARY AGRICULTURAL CO-OPEARATIVE BANK REP BY ITS SPECIAL OFFICER Vs. ASSISTANT COMMISSIONER OF LABOUR AND JAINULLADHEEN

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.) The contention of the writ petitioner is that the second respondent was the secretary of the society and he was employed in supervisory capacity. Therefore, the provisions of the Act will not apply. However, the first respondent came to the conclusion that the duties for the employees are allotted only on the basis of the resolution passed by the Society and since the allotment of duties issued by the Board of Directors were not filed, the second respondent cannot be held to be a person excluded from the provisions of the PSA Act.