KARAMBAKKUDI CO OPERATIVE PRIMARY AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD Vs. ASSISTANT COMMISSIONER OF LABOUR KAJAMALAI COLONY MANNARPURAM

JUDGEMENT

(1.) THE petitioner is a Cooperative Society. They have come forward to challenge the order passed by the 1st respondent, Controlling Authority made in P. S. A. No. 32/2002 dated 16. 7. 2003. By the impugned order, the 1st respondent controlling authority constituted under the Tamil Nadu Payment of Subsistence Allowance Act, 1981 (Act No. 43 of 1981) computed the subsistence allowance payable to the 2nd respondent for the period from 31. 10. 2000 to 6. 12. 2001, totalling a sum of Rs. 1,35,528. 25. After adjusting the amount of Rs. 15,900/- already paid, the authority came to the conclusion that the petitioner society is liable to pay Rs. 1,19,628. 25. The order came to be passed on an application taken out by the 2nd respondent under sections 3 and 4 of the Tamil Nadu Act 43 of 1981.

(2.) UNDER Rule 5a of the Tamil Nadu Payment of Subsistence Allowance Rules, 1981, if any person is aggrieved by an order of the preliminary authority, an appeal lies to the appellate authority i. e. , to the Deputy Commissioner of Labour. There is a pre-condition to deposit the amount for filing the appeal. The petitioner society has not filed any appeal in order to avoid the condition of pre-deposit.

(3.) IN any event, the contention raised by Mr. R. Parthiban, learned counsel for the petitioner was that the 2nd respondent had reached the age of superannuation on 30. 10. 2000. Therefore, there is no question of suspending the 2nd respondent on reaching the age of superannuation.