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J. SATHYA NARAYANA PRASAD
ICICI Bank Ltd. , Rep. by its Asst. General Manager – HRMG, Mumbai – Appellant
Versus
A. Vaiyaphuri – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Certiorari and to call for the records pertaining to the order dated 18.12.2003 made by the 2nd respondent in T.S.E.I/I.A./I/10/2003 in T.S.E.I./28/2002 on the file of the Special Deputy Commissioner of Labour (Appellate Authority under Tamil Nadu Shops and Establishment Act, 1947), Chennai 600 006.)
1. This writ petition has been filed to call for the records pertaining to the order dated 18.12.2003 made by the 2nd respondent in T.S.E.I/I.A./I/10/2003 in T.S.E.I./28/2002 on the file of the Special Deputy Commissioner of Labour (Appellate Authority under Tamil Nadu Shops and Establishment Act, 1947), Chennai 600 006.
2. The facts of the case in a nutshell:-
The petitioner is a Bank incorporated under the provisions of the Companies Act 1956 and is engaged in the banking and related activities having Branches all over India. The first respondent joined the services of the erstwhile Bank of Madura at Corporate Office on 24.04.1978 and the 1st respondent was in the employment of the commercial establishment of ICICI Bank situated at Cochin. In fact the 1st respondent was working for the peti
Jurisdiction of the Appellate Authority under the Tamil Nadu Shops and Establishment Act, 1947.
The appellate authority must ensure proper jurisdiction and procedural fairness in employment dismissal cases while providing detailed findings on all charges.
The court emphasizes the necessity of procedural compliance and proper review of termination orders under the Tamil Nadu Shops and Establishments Act, 1947.
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....
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 ....
Special Co-operative Societies Act and bye-laws exclude Shops Act jurisdiction for employee disciplinary appeals in co-operative banks.
Special Co-operative Societies Act prevails over general Shops Act; appeal under Shops Act Section 41 not maintainable for co-operative bank employees.
The appellate authority under Section 41(2) retains the power to modify disciplinary sanctions and must ensure proportionality while addressing misconduct.
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