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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY
Kancheepuram Central Co-operative Bank Ltd., Represented by its Managing Director – Appellant
Versus
Deputy Commissioner of Labour – Respondent
| Table of Content |
|---|
| 1. overview of the factual background leading to the case (Para 2) |
| 2. arguments presented by both parties regarding subsistence allowance (Para 3 , 4) |
| 3. court's analysis on the applicability of subsistence allowance law (Para 5 , 6 , 7 , 8 , 9) |
| 4. determination of liabilities towards the payment of dues (Para 10) |
| 5. final judgment and order regarding payment to the legal heirs (Para 11) |
ORDER :
A.The Writ Petitions:
The Writ Petition No.30642 of 2024 is filed challenging the order of the order of the 1st respondent, culminating in impugned order dated 23.01.2023 made in PSA (Appeal) No.1 of 2022 and quash the same.
2. The brief facts leading to the filing of the Writ Petitions are that the petitioner viz., The Kancheepuram Central Co-operative Bank Ltd., is a Co- operative Society registered under the Tamil Nadu Co-operative Societies Act, 1983. The 3rd respondent in W.P.No.4617 of 2019 - G.Purushothaman (Workman) was its employee. Since he died pending the Writ Petition, the respondents 4 to 6 are now substituted and represented as his legal heirs.
2.2. On 20.09.2004, three charges were levelled against him stating that
(ii) The second charge is that with reference to the s
Co-operative society by-laws cannot restrict statutory rights to subsistence allowance for suspended employees under the Payment of Subsistence Allowance Act regardless of retirement status.
The central legal point established in the judgment is the determination of eligibility for subsistence allowance under the Tamil Nadu Payment of Subsistence Allowance Act, based on the status of the....
A suspended employee's entitlement to subsistence allowance is upheld under applicable cooperative society rules, irrespective of claims of ineligibility based on employee status.
Writ petitions maintaining claims for Subsistence Allowance can be valid despite alternate remedies under cooperative laws when timely financial support is crucial for suspended employees.
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