Back
S. M. SUBRAMANIAM
Management, Hyundai Motor India Limited, Rep. by Asst. Manager Legal, Sriperumbudur – Appellant
Versus
Authority under the Shops and Establishment Act, 1947 cum Deputy Commissioner of Labour, Chennai – Respondent
JUDGMENT
(Common Prayer: Writ Petitions filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the order dated 20.12.2013 passed by the first respondent in TNSE No.II/IA7/2013 and TNSE No.II/IA2/2013 and to quash the same.)
Common Order
1. The order passed by the authority under the Tamil Nadu Shops and Establishments Act, 1947 is under challenge in the present writ petition.
2. The writ petitioner is a Company registered under the provisions of the Companies Act and in its factory at SIPCOT Industrial Park, Irrungattukottai, Sriperumbudur Taluk, Kacheepuram District in Tamil Nadu, the petitioner is engaged in the business of manufacture of passenger cars.
2. The second respondent joined the service of the petitioner on 01.11.2006 as Business Associate Trainee-II and he was made permanent on 01.06.2008. The second respondent was promoted as Junior Officer [General Affairs] and his place of work is situated inside the factory. The Car manufacturing factory is within the meaning of Factories Act, 1948 and the second respondent was a worker within the meaning of Section 2(1) of the said Act.
3. The petitioner has narrated the
The exemption granted to factories under G.O. Ms. No. 545 dated February 10, 1950, from the provisions of the Tamil Nadu Shops and Establishments Act, 1947, applies to establishments governed by the ....
The court emphasizes the necessity of procedural compliance and proper review of termination orders under the Tamil Nadu Shops and Establishments Act, 1947.
Jurisdiction of the Appellate Authority under the Tamil Nadu Shops and Establishment Act, 1947.
Maintainability challenges deferred to main hearing with evidence; interlocutory dismissal not perverse.
The Tamil Nadu Shops and Establishments Act is not applicable to cooperative bank employees governed by the Tamil Nadu Cooperative Societies Act, establishing the primacy of special laws over general....
Special Co-operative Societies Act prevails over general Shops Act; appeal under Shops Act Section 41 not maintainable for co-operative bank employees.
Special Co-operative Societies Act and bye-laws exclude Shops Act jurisdiction for employee disciplinary appeals in co-operative banks.
The appellate authority must ensure proper jurisdiction and procedural fairness in employment dismissal cases while providing detailed findings on all charges.
The main legal point established is the requirement for participation in disciplinary proceedings and the need for fresh evidence before setting aside a punishment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
