T LOGANATHAN Vs. MRF LIMITED

JUDGEMENT

(1.) This appeal is filed against the order dated 21.11.2011 made in WP.No.11768 of 2009.

(2.) The case of the appellant is that he was appointed as Supervisor-Security in the first respondent company. By order dated 30.11989, the appellant's service was confirmed. The appellant was ultimately promoted to MB3 Grade. It is stated that post was redesignated as Senior Officer " Security. The contract of employment of the appellant was later terminated and alongwith the said order, a cheque being one month salary in lieu of notice was enclosed. As against the said order, an appeal has been filed before the Appellate Authority under the Tamil Nadu Shops and Establishment Act, 1947 (herein after referred to as "Shop Act") under Section 41(2) of the Shop Act.

(3.) Before the Appellate Authority, the respondent/Management filed TSE.No.I.IA.36 of 2006 in TSE.No.I.17/2006 questioning the maintainability of the claim under the Shop Act. The appellate authority after hearing both sides dismissed the appeal filed by the respondent as not maintainable.