GUJILIAMPARAI PANCHAYAT UNION Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) The instant writ petition has been filed challenging the order dtd. 20/7/2009, passed by the first respondent in T.N.S.E.A. No. 5 of 2009.

(2.) According to the petitioner, the second respondent was appointed as clerk in the petitioner's Society, on 10/8/2005, by the then Board of Management. When the petitioner joined as a Special Officer of the Society, it was learnt that the second respondent was not appointed in accordance with law. Hence, the petitioner was constrained to take appropriate action, against the second respondent. Therefore, the second respondent terminated from service, by order, dtd. 28/3/2009.

(3.) According to the petitioner, since the appointment of the second respondent was irregular and illegal and she has no right to lien over the job. As against the termination, dtd. 28/3/2009, the second respondent has preferred an appeal, under Sec. 41(2) of the Tamil Nadu Shops and Establishment Act, before the first respondent and it is the case of the petitioner that a detailed counter statement was filed before the first respondent and relevant records were also produced.