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1995 Supreme(Mad) 62

K.A.SWAMI, SOMASUNDARAM
P. Karuthumayan – Appellant
Versus
Regional Manager, State Bank of India, Madurai and Another – Respondent


Appearing Advocates:N.G.R. Prasad For M/s. Row, Reddy, Ors., R. Sree Krishnan, K.M. Srirangan G.A., Advocates.

Judgment :-

K.A. SWAMI, C.J.

This appeal is preferred against the order dt. October 21, 1992, passed by the learned Single Judge in W.P. No. 5199/1984. The learned Single Judge has allowed the writ petition. The Second respondent therein has come up in appeal. The first respondent/writ petitioner sought for quashing the order dt. February 27, 1984, passed by the Appellate Authority under the Tamilnadu Shops and Establishments Act in Appeal No. 12 of 1982. The Appellate Authority allowed the appeal and set aside the order dt. April 1, 1982, passed by the 1st respondent, terminating the services of the appellant and directed the 1st respondent to reinstate the appellant.

2. The learned Single Judge came to the conclusion that the bank in question was exempted from the purview of the Tamilnadu Shops and Establishments Act, 1947, and therefore, the appeal preferred before the Appellate Authority was not sustainable and that the matter has to be adjudicated under the Industrial Disputes Act and it is not just and appropriate for this Court to go into the question about the sustainability of the order, terminating the services of the appellant, as it is open to the bank to justify the orde
















































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