REGIONAL MANAGER Vs. A KALYANASUNDARAM

JUDGEMENT

(1.) THE writ appeal is directed against the order dated 1.11.1995 of the learned single Judge in W.P.No.8015 of 1985, in dismissing the writ petition filed by the Regional Manager, Tamil Nadu Civil Supplies Corporation Limited, Tirunelveli, that was filed to quash the orders of the Assistant Commissioner of Labour, Appellate Side, under the Tamil Nadu Shops and Establishment Act, Tirunelveli(second respondent), made in TNSE A.No.(M) 4/83 in 18/78 dated 31.3.1984.

(2.) THAT order of the Appellate Authority was made at the instance of the appeal filed by the first Respondent viz., A.KIalyanasundaram. THAT appeal was filed under Section 41(2) of the Tamil Nadu Shops and Establishment Act, 1947, against the order of the appellant herein.

(3.) EVEN before the Appellate Authority, before whom the workman preferred an appeal under Section 41(1) of the Tamil Nadu Shops and Establishments Act, 1947, on behalf of the workman it was contended that there was no domestic enquiry as contemplated in the above said provision; and what was done was only a personal enquiry, which was not in accordance with the above mentioned Section 41(1). A reading of Para No. 11 of the order of the Appellate Authority would go to show that the contention of the appellant herein was that there was a domestic enquiry held against the workman.