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2006 Supreme(Mad) 630

ELIPE DHARMA RAO
Management of Thekkalur Primary Co-operative Bank (K. 2019) – Appellant
Versus
Assistant Commissioner of Labour, Coimbatore – Respondent


Advocates Appeared:
Mr. S. Silambannan, Advocate for Petitioner. Mr. E. Sampathkumar, Additional Government Pleader for Respondent Nos. 1 & 2; Mr. M. Sathiyanarayanan, Advocate for Respondent No.3.

Judgment :

1. This writ petition was filed for the relief of issuance of a Writ of Certiorari, calling for the records of the second respondent in APSA No.3/2000 and quash the order dated 27.11.2000.

2. Aggrieved by the order dated 27.11.2000 passed by the second respondent holding the third respondent was an “employee” of the petitioner within the meaning of Section 2(a) of the Tamil Nadu Payment of Subsistence Allowance Act and, therefore, was entitled for the subsistence allowance, the petitioner has filed this writ petition.

3. Petitioner is a co-operative Bank and, according to the petitioner, the third respondent joined the services of the petitioner as “Secretary” and in such capacity, he was the chief executive of the administration of the bank and all the functions of the petitioner bank were carried out by the third respondent only. According to the petitioner, the third respondent was employed mainly in managerial and administrative capacity and as such he was not an “employee” within the meaning of Section 2(a) of the said Act.

4. While so, the third respondent, on certain alleged acts of misconduct, was suspended pending enquiry with effect from 9.1.1998 and a domesti
























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