THE MANAGEMENT, ELAVADI PRIMARY AGRICULTURAL CO Vs. THE ASSISTANT COMMISSIONER OF LABOUR,(AUTHORITY UNDER PAYMENT OF SUBSISTENCE ALLOWANCE ACT)II ASSISTANT LABOUR COURT, CHENNAI

JUDGEMENT

(1.) The prayer in the writ petition is for a writ of certiorari calling for the records of the first respondent in PSA.Nos.3/99 and 37/99 dated 2.1.2001 and quash the same.

(2.) The case of the petitioner is that it is a Primary Agricultural Co-operative Bank. This writ petition is filed, challenging the order passed by the first respondent under the Payment of Subsistence Allowance Act directing to pay subsistence allowance to the second respondent.

(3.) According to the petitioner, the second respondent was working as Secretary of the petitioner Bank. When he was working as such, due to some charges framed against him, the second respondent was placed under suspension between 06.01998 and 30.06.1999. For the said period, the second respondent had approached the first respondent for getting subsistence allowance and an award to that effect, was passed by the first respondent to pay subsistence allowance to the second respondent. The said order was passed by the first respondent on 02.01.2001. In view of the said award having been passed by the first respondent, the concerned Tahsildhar had already written to the petitioner Bank that action would be initiated against the petitioner for recovery of the amount as directed by the first respondent. Only thereafter, this matter was taken up for consideration at the petitioner's Bank as the erstwhile Board was dissolved immediately within a period of six months from the date of passing of the said order by the first respondent, i.e., 02.01.2001.