Heard Mr. M.S. Palaniswamy, learned counsel in support of this appeal; Mr. C.K. Chandrasekaran, learned counsel appearing for the first respondent and Mr. Raja Kalifulla, learned Government Pleader appearing for the second respondent.

2. The appellant herein is a co-operative bank, which is seeking to challenge the order passed by the learned single Judge, whereby the learned single Judge has allowed the writ petition filed by the first respondent herein, who was working as the Secretary in the Bank. He was suspended on 18th May, 2007. The writ petition was filed seeking for subsistence allowance during the period of suspension, which petition was allowed by the learned single Judge. Aggrieved against the said order, the bank has come forward with this appeal.

3. Mr. M.S. Palaniswamy, learned counsel, submits that payment of subsistence allowance is available only under the Tamil Nadu Payment of Subsistence Allowance Act, 1981 and it is available only to those who are employees, as covered under that Act and since, according to him, the first respondent herein was not an employee, he is not entitled to subsistence allowance. It is also submitted by Mr. Palaniswamy that t