JUDGMENT :

1. Heard Sri V.N. Anagani, learned counsel for the petitioner and Sri Peeta Raman, learned counsel for the respondent No.2.

2. The petitioner Nagaram Primary Agricultural Co-operative Society, Guntur (for short, “the Nagaram PACS”) has filed this writ petition under Article 226 of the Constitution of India challenging the order dated 20.10.2005, passed by the Assistant Commissioner of Labour-I, Guntur in S.A.No.1 of 2005 in the Application of the 2nd respondent-Peeta Venkateswarlu. The prayer in the writ petition reads as under:

“….it is prayed that this Hon’ble court may be pleased to issue writ, order or direction more particularly one in the nature of writ of certiorari calling for the records and set aside the order dated 20.10.2005 passed by the Assistant Commissioner of Labour-1, Guntur in S.A.No.1 of 2005, and be pleased to pass such other order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case.”

3. The 2nd respondent-Peeta Venkateswarlu was appointed on 19.07.1979 as Secretary under Half a Million Job program by the Chairman, Appointment Committee of Paid Secretaries, constituted under Cadre Scheme of the Guntur District Cooperative Central Bank Limited, Tenali and was posted at Rajavolu Primary Agricultural Society (for short, “the Rajavolu PACS”), Repalli. He was later allotted Dhulipudi Primary Agricultural Cooperative Society, Guntur (in short “Dhulipudi PACS”).

4. The 2nd respondent was placed under suspension on the allegations of misappropriation of the funds of the Dhulipudi PACS vide Rc.No.2/1997 dated 14.07.1997 against which he filed appeal which was dismissed by the Divisional Cooperative Officer. The 2nd respondent filed W.P.No.16303 of 1999, which was withdrawn by him on 17.04.2021. Vide resolution dated 26.05.2001, 2nd respondent was directed to join the duty pursuant to which he joined on27.05.2001. The 2nd respondent, thereafter, made representation to the 1st respondent to pay subsistence allowance from the date of suspension to the date of reinstatement upon which the Dhulipudi PACS passed resolution dated 31.05.2001 for payment and the 2nd respondent received some amount out of the amount claimed by him, on 29.03.2001 but the rest amount was not paid. He filed W.P.No.18998 of 2003 which was disposed of finally on09.09.2004 directing for payment of subsistence allowance for the suspension period as per the resolution dated 31.05.2001 but granting liberty to file appeal before the competent authority with respect to the remaining amount.

5. The 2nd respondent filed S.A.No.1 of 2005, under Section 51 of the A.P. Shops and Establishment Act, 1988 (in short “A.P.S & E Act, 1988”) for a direction to Dhulipudi PACS to pay the outstanding amount with interest @ 18% p.a with all consequential benefits.

6. During pendency of S.A.No.1 of 2005, the Dhulipudi PACS, was merged with Nagaram PACS on 25.07.2005 by the order of the Registrar of A.P. Cooperative Societies, under Section 15- A(2) of the A.P. Cooperative Societies Act, 1964 (for short, “the Act, 1964).

7. The case of the 2nd respondent in S.A.No.1 of 2005 is that Sri P. Sudhakar the Ex-President of the Dhulipudi PACS and Ex-Part time person incharge of Nagaram PACS filed counter affidavit admitting his claim and submitting that the necessary directions be given to the District Cooperative Officer, Guntur, the concerned officer to accord permission to the General Manager, Guntur District Cooperative Central Bank Limited, to advance the funds to the Society to enable the Chairperson to pay the requisite amount to the 2nd respondent.

8. The Authority under the A.P. Shops and Establishment Act, 1988/the Assistant Commissioner of Labour-I, Guntur, the 1st respondent in short “the Authority” vide impugned order dated 20.10.2005 allowed S.A.No.1 of 2005, directing the respondent therein i.e Chairperson, Dhulipudi PACS to deposit an amount of Rs.1,99,824/- by demand draft within specified time.

9. The Authority, fil