ASSISTANT VICE PRESIDENT HUMAN RESOURCE & DEVELOPMENT LAKSHMI VILAS BANK LTD Vs. DEPUTY COMMISSIONER OF LABOUR GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) Instant appeal is directed against the judgment, dated 1/6/2016, passed by the learned Single Judge of this Court, in W.P.No.17368 of 2016.

(2.) Appellant is Lakshmi Vilas Bank Limited, Chennai. Second respondent joined the services of the appellant Bank, as Peon. Respondent was not permitted to work from 1/4/2009. No notice was given to him prior to termination of service. No charges were framed against him and no compensation was given to him.

(3.) Second respondent, approached the Appellate Authority, under the Tamil Nadu Shops and Establishments Act, 1947, challenging his removal from service, by filing an appeal, under Section 14 (2) of the Tamil Nadu Shops and Establishment Act, 1947. Appellant Bank refuted all the contentions. According to the Bank, second respondent herein was never appointed, on a substantive basis. He was temporarily engaged to perform the work, as and when any staff went on leave. It was contended that he had not worked, beyond the period stipulated, under Section 25 B of the Industrial Disputes Act. It is therefore, stated that there was no question of termination of service. Appellate Authority, under the Tamil Nadu Shops and Establishment Act, came to the following conclusions:-