THE MANAGEMENT, SOUTH INDIA BANK LIMITED AND THE MANAGEMENT, SOUTH INDIAN BANK LIMITED BOTH REP BY GENERAL MANAGER (PLANNING AND ADMN ) Vs. DEPUTY COMMISSIONER OF LABOUR (APPEALS); R VISALAKSHI; R MANORANJITHAM (MINOR REP BY GUARDIAN R VISALAKSHI) AND; MINOR R JANARTHANAM (REP BY GUARDIAN R VISALAKSHI)

JUDGEMENT

(1.) The petitioner is the management of South India Bank Limited having head quarters at Thrissur, Kerala State. Aggrieved by the order passed by the first respondent appellate authority in T.N.S.E. Case No. 11/95 , dated 29.9.1988 in setting aside the order of termination passed against S. Rajavelu, the late husband of the second respondent and father of 3rd and 4th respondents, the present writ petition has been filed.

(2.) The husband of the second respondent late Rajavelu was employed by the petitioner Bank and he was working as Additional Branch Manager in their Pollachi Branch. He was an handicapped person and also a severe diabetic. He was issued with a charge memo dated 11.12.1992 for the various commissions and omissions allegedly committed by him when he was working at Pollachi and Gobanapudur Branches. An enquiry was conducted in respect of those charge memo. Out of the 8 charges leveled except, charge No. 7, all other charges were held to be proved by the enquiry officer accepting the report of the enquiry officer, the first respondent dismissed late Rajavelu by an order dated 6.3.1995.

(3.) After unsuccessfully filing an appeal before the Board of Directors, late Rajavelu preferred an appeal under Section 41(2) of the Tamil Nadu Shops and Establishments Act 1947 (for short "TNSE Act") to the appellate authority of that region namely, the first respondent herein. His appeal was taken on file as TSE. Case No. 11/95 and notice was issued to the petitioner bank. During the pendency of the appeal, he passed away on 19.4.1996 and respondents 2 to 4 came on record before the first respondent by filing I.A. No. 3/96.