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2019 Supreme(Mad) 2148

V.PARTHIBAN
T. Anoop Raaj – Appellant
Versus
Special Joint Commissioner of Labour, (Appellate Authority under Tamil Nadu Shops and Establishment Act, 1947) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Balan Haridas.
For the Respondents: Anand Gopalan for T.S. Gopalan.

ORDER :

1. Writ Petition has been filed seeking for issuance of a Certiorarified mandamus, to call for the concerned records from the first respondent, quash the order of the first respondent dated 21.08.2018 in TNSE-1/1A4/15 as illegal, arbitrary and contrary to law and consequently direct the first respondent to decide the TNSE No. 1/19 of 2008 dated 29.08.2008 and pass orders on its merits and in accordance with law.

2. The facts and circumstances which led to the filing of the writ petition, are stated hereunder:

    "The petitioner had joined the services of the second respondent in January 1982 as Field Sales Representative. In the year 1991, he was promoted to the post of Junior Executive and further to the post of Senior Executive in December 1997. While he was working as Senior Executive, the second respondent Management issued a letter on 30.07.2008, dismissing the petitioner from service for certain acts of misconduct alleged to have been committed by him as enumerated in the order of dismissal, which are extracted as under:

Sub: Dismissal Order

"You are an officer working as Sr. Executive (Sales), at Chennai Depot. You were also functioning as Depot Incharge (Main Line), Chennai

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