FRANCIS LEO GUNASEELAN Vs. SPECIAL JOINT COMMISSIONER OF LABOUR APPELLATE AUTHORITY UNDER TN SHOPS & ESTABLISHMENT ACT

JUDGEMENT

(1.) This Writ Petition has been directed against the order, dated 21.08.2018 passed by the first respondent dismissing the appeal preferred by the petitioner under Section 41(2) of the Tamil Nadu Shops and Establishments Act 1947 (in short, 'the Act') and also subsequent rejection order dated 28.1.2019, rejecting the application filed for restoring the appeal on the ground that the same has not been filed within the time stipulated in the provisions of the Act and the Tamil Nadu Shops & Establishments Rules, 1948 (in short, 'the Rules').

(2.) An appeal in TSE Appeal No.1/1A'11' of 2017 has been preferred by the petitioner herein against the order of termination issued by the second respondent company, terminating the services of the petitioner herein who was working as a Project Manager from 19.05.2008. According to the petitioner, his services came to be terminated by the second respondent Management dated 5.4.2017 without following the due process of law. In the said appeal, a notice was ordered and despite several opportunities, there was no appearance on behalf of the second respondent Management and they did not choose to appear in the proceedings before the first respondent.

(3.) Thereafter, when the matter was adjourned and posted for hearing on 23.07.2018, neither the petitioner nor his counsel was present and later on, the petitioner came to know that the authority had reserved the orders on that day and finally, an order was passed by the authority on 21.08.2018 dismissing the appeal for non-appearance. According to the petitioner, the said order was not served directly to him, but only served on the counsel on record. In the above circumstances, the petitioner enquired with his counsel in November 2018 and thereafter, he came to know about the passing of final orders dismissing the appeal for non-appearance by the first respondent. Immediately, he instructed for filing of the petition for restoring the appeal. But the petition filed for restoring the appeal, came to be rejected on the ground that the same was filed after a period of one month from the date of the original order passed by the authority dated 21.08.2018. According to the first respondent, in terms of Rule 9-A of the Rules, application for restoration of the appeal can be entertained if filed within a period of one month from the date of passing of the original order and not beyond the said period. The order passed by the authority dated 21.8.2018 and the order rejecting the petition filed for restoration of the appeal, dated 28.1.2019 are put to challenge in the present Writ Petition.