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2015 Supreme(Mad) 780

SATISH K.AGNIHOTRI, M.VENUGOPAL
Manager, Atomic Energy Employees Consumer Cooperative Stores Ltd. – Appellant
Versus
A. L. Chidambaram – Respondent


Advocates:
Advocate Appeared:
For the Appellant:P. Anbarasan, Advocate.
For the Respondent:R1, K.V. Ananthakrishnan, Advocate.

Judgment

Satish K. Agnihotri, J.

1. Questioning the legality and validity of the common order dated 24.1.2011 passed in W.P. No. 22818 and 22819 of 2008, the instant intra-court appeals have been preferred by the Management of Atomic Energy Employees Consumer Cooperative Stores Ltd.

2. The facts leading to filing of these appeals, which arise from the same dispute, are :

The first respondent (hereinafter referred to as “employee”), while working as Assistant Manager, was terminated from service vide order dated 6.7.1991. Thereagainst, the employee preferred an appeal under Section 41(2) of the Tamil Nadu Shops and Establishment Act, 1947 (hereinafter referred to as “Shops Act”). The appellate authority, having noted the fact that the employer has failed to establish charges by evidence recorded at enquiry, has set aside the order of termination, without there being an order of reinstatement or grant of any consequential benefits. Thereagainst, a Writ petition was preferred by the Management in W.P.No.2050 of 1994, which was dismissed by the learned Single Judge on 18.8.2000. There against, an appeal being W.A. No. 871 of 2001 was preferred. A Division Bench of this court by judgment da











































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