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S. M. SUBRAMANIAM
Management, Ponni Co-operative Supermarket – Appellant
Versus
Authority under Tamil Nadu Shop and Establishments Act 1947, (Deputy Commissioner of Labour) – Respondent
ORDER :
Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorari, to call for the records in Ka.Ni.Sa.06/2012 on the file of the Authority under Tamilnadu Shop and Establishments Act 1947 (Deputy Commissioner of Labour) Salem-636 001, the 1st respondent herein, to quash the order dated 30.11.2015 (received by the petitioner on 2.2.2016) passed therein.
The order passed by the Authority under Tamil Nadu Shop and Established Act, 1947 in proceeding dated 30.11.2015 is under challenge in the present writ petition.
2. The petitioner is the Management, Ponni Cooperative Supermarket, Salem District Consumer Co-operative Wholesale Stores Limited. The petitioner states that it is a Co-operative Society, registered under the provisions of the Tamil Nadu Co-operative Societies Act. The service conditions of the employees are governed under the special bylaws approved by the Competent Authorities under the provisions of the Cooperative Societies Act. The second respondent was employed as an Assistant Salesman in the Fair Price Shop. The secon
The main legal point established is the requirement for participation in disciplinary proceedings and the need for fresh evidence before setting aside a punishment.
The central legal point established in the judgment is the disciplinary authority's discretion to disagree with the inquiry officer's findings and the requirement to record reasons for such disagreem....
The dismissal from employment based on proven misappropriation and habitual misconduct is justified under the Tamil Nadu Co-operative Societies Act.
The main legal point established in the judgment is the limited scope of judicial review in employment disputes and the need for evidence supporting findings in disciplinary proceedings.
The court emphasizes the necessity of procedural compliance and proper review of termination orders under the Tamil Nadu Shops and Establishments Act, 1947.
Special Co-operative Societies Act prevails over general Shops Act; appeal under Shops Act Section 41 not maintainable for co-operative bank employees.
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